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MARSHALL v. SOUTHWEST LA. ELECT. MEM. CORP.

No. 2005-328.

915 So.2d 1026 (2005)

Kelly MARSHALL v. SOUTHWEST LOUISIANA ELECTRIC MEMBERSHIP CORP., et al.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.

Attorney(s) appearing for the Case

Thomas L. Gaudry, Jr., Michael D. Peytavin, John E. Maher, Jr., Gaudry, Ranson, Higgins & Gremillion, L.L.C., Gretna, LA, Counsel for Defendant/Appellee, Valiant Insurance Company.

Walter Kay Jamison III, Daigle, Scofield & Rivera, Lafayette, LA, Counsel for Defendant/Appellee, Cable Man, Inc.

William E. Scott III, Thomas H. Wartelle, Watson, Blanche, Wilson & Posner, Baton Rouge, LA, Counsel for Defendant/Appellee, Bituminous Casualty Corporation.

Paul A. Tabary III, Randy S. Nunez, Dysart & Tabary, LLP, Chalmette, LA, Counsel for Plaintiff/Appellee, Kelly Marshall.

Matthew J. Ungarino, David I. Bordelon, Ungarino & Eckert, L.L.C., Metairie, LA, Counsel for Defendants/Appellants, Southwest Louisiana Electric Membership Corp., Cox Communications, La., LLC, Telecable Associates, Inc., St. Paul Fire & Marine Ins. Co.

Musa Rahman, Baton Rouge, LA, Counsel for Intervenor/Appellee, Louisiana Workers' Comp. Corp.

Charles M. Jarrell, Guglielmo, Lopez & Tuttle, Hunter & Jarrell, Opelousas, LA, Counsel for Defendant/Appellee, System Services Broadband, Inc.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR, and MARC T. AMY, Judges.

DECUIR, Judge.

At issue in this appeal is a third party demand for defense and indemnity asserted by Telecable Associates, Inc. and Cox Communications, Inc. (hereinafter referred to as "TCA/Cox") against System Services Broadband, Inc. and its insurer, Bituminous Insurance Company, and Cableman, Inc. and its insurer, Valiant Insurance Company. Summary judgment was granted in favor of System Services and denied as to TCA/Cox, and the claims of TCA/Cox as to all parties...

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