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THERMO TERRATECH v. GDC ENVIRO-SOLUTIONS, INC.

No. 00-30723.

265 F.3d 329 (2001)

THERMO TERRATECH formerly known as Thermo Process Systems, Inc.; TPS Technologies, Inc., Plaintiffs-Appellants, v. GDC ENVIRO-SOLUTIONS, INC., et al., Defendants, and Kathleen Elnaggar, Individually, as successor of Hameed Elnaggar and as Trustee of the Tarek Elnaggar Testamentary Trust, the Sarif J. Elnaggar Testamentary Trust, and the Jeanne M. Elnaggar Testamentary Trust as Successors of Hameed Elnaggar, Defendant-Third Party Plaintiff-Appellee. v. Scottsdale Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 24, 2001.

Attorney(s) appearing for the Case

James K. Irwin, Jay Corenswet, Milling Benson Woodward, New Orleans, LA, for Plaintiffs-Appellants.

Robert Wylie Barton, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Elnaggar.

William Edward Willard (argued), Mark Gregory Murphey, Powers & Willard, Baton Rouge, LA, for Scottsdale Ins. Co.

Before DAVIS and JONES, Circuit Judges, and BARBOUR, District Judge.

BARBOUR, District Judge:

Plaintiff-Appellants filed suit in the United States District Court for the Middle District of Louisiana to recover attorneys' fees and costs incurred in defending a civil action brought by Boston Old Colony Insurance Company ("Boston Old Colony"), the subrogee of GDC Enviro-Solutions, Inc. ("GDC"). United States Magistrate Judge Stephen C. Riedlinger found that Appellants, pursuant to the indemnification clause and the "Personal Guarantees...

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