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GENTRY v. WEST JEFFERSON MEDICAL CENTER

No. 05-CA-687.

925 So.2d 661 (2006)

Barry GENTRY v. WEST JEFFERSON MEDICAL CENTER.

Court of Appeal of Louisiana, Fifth Circuit.

February 27, 2006.

Attorney(s) appearing for the Case

Timothy W. Cerniglia, Christine E. Cerniglia, Sharp, Hymel, Cerniglia, Colvin, Weaver & Davis, Baton Rouge, Louisiana, for Defendant/Appellant.

Edward D. Markle, Markle and Associates, New Orleans, Louisiana, for Defendant/Appellee-2nd Appellant.

Barbara Malik Weller, Metairie, Louisiana, for Defendant-Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS, and CLARENCE E. McMANUS.

EDWARD A. DUFRESNE, JR., Chief Judge.

This case involves two summary judgments relating to contractual defense and indemnification clauses. Because we find that these judgments are premature, we vacate them.

The underlying facts are these. The West Jefferson Medical Center, a public entity, contracted with Fibre Tech, Inc. for repairs on a pool in its health center. Fibre Tech in turn procured the services of Ardsley...

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