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LIBERTY MUT. INS. CO. v. PINE BLUFF SAND & GRAVEL

No. 95-31038.

89 F.3d 243 (1996)

LIBERTY MUTUAL INSURANCE COMPANY; Gust K. Newberg Construction Co./Hardaway Co., A Joint Venture, Plaintiffs-Appellants, v. PINE BLUFF SAND & GRAVEL CO., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

James A. Bolen, Jr., Bolen, Erwin & Johnson, Alexandria, LA, Stacy C. Auzenne, Alexandria, LA, for plaintiffs-appellants.

Russell L. Potter, Andrew Parker Texada, Stafford, Stewart & Potter, Alexandria, LA, for defendant-appellee.

Before HIGGINBOTHAM, WIENER and PARKER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiffs-Appellants Gust K. Newberg Construction Company (Newberg) and its insurer, Liberty Mutual Insurance Company (Liberty Mutual),1 appeal from the district court's grant of summary judgment in favor of Defendant-Appellee Pine Bluff Sand and Gravel Company, Inc. (Pine Bluff) on their indemnification claim. Concluding that (1) an ambiguity in the indemnity provision...

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