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ROBERTS v. ENERGY DEVELOPMENT CORP.

No. 99-31150.

235 F.3d 935 (2000)

Cynthia ROBERTS, Etc., et al., Plaintiffs, v. ENERGY DEVELOPMENT CORPORATION; Grasso Production Management, Inc., Defendants-Third Party Plaintiffs-Appellees, v. The Gray Insurance Company, Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 2000.

Attorney(s) appearing for the Case

William Joseph Riviere (argued), Robert P. McCleskey, Jr., Phelps Dunbar, Charles M. Steen, Steen, McShane & Williamson, New Orleans, LA, for Energy Dev. Corp.

Edward S. Johnson, Salvador J. Pusateri (argued), Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for Grasso Production Mgt. Inc.

Philip E. Henderson (argued), Henderson, Reilly & Boudreaux, Houma, LA, for Gray Ins. Co.

Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

In this appeal, Third-Party Defendant-Appellant Gray Insurance Company ("Gray") appeals from an adverse summary judgment entered against it in an insurance indemnification dispute among various insurance defendants. The underlying claim giving rise to an insurance payment obligation was the death of Kerry Roberts, who died when he fell through the top of an oil storage tank which he was repairing. Surviving family members sued both the owner...

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