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GUNDLE LINING CONST. v. ADAMS COUNTY ASPHALT

No. 95-20155.

85 F.3d 201 (1996)

GUNDLE LINING CONSTRUCTION CORPORATION, Plaintiff, and United States Fidelity & Guaranty Company, Defendant/Third-party Plaintiff/Appellee, v. ADAMS COUNTY ASPHALT, INC., Kimbob, Inc., and Robert M. Mumma, II, Third-party Defendants/Appellants.

United States Court of Appeals, Fifth Circuit.

June 13, 1996.

Attorney(s) appearing for the Case

Ralph Alan Midkiff, Clements, O'Neill, Pierce & Nickens, Houston, TX, Warren Wayne Harris, Jill Marie Tillman, Porter & Hedges, Houston, TX, for Gundle Lining Construction Corporation, plaintiff.

J. Mark Brewer, Patrick E. Gaas, Brewer & Pritchard, Houston, TX, for United States Fidelity and Guaranty Company, defendant-third party plaintiff-appellee.

Carron Nicks Armstrong, Dallas, TX, for third party defendant appellants.

Before BARKSDALE, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

This diversity case was filed in the Southern District of Texas by a Texas corporation seeking to recover on a bond issued by the defendant. The defendant, a resident of Maryland, filed a third-party complaint seeking indemnification from the third-party defendants, who were the principals on the bond. The third-party defendants, all residents of Pennsylvania, filed motions to dismiss wherein they challenged the district court's

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