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OHIO CAS. INS. CO. v. HOLCIM (US), INC.

No. 07-15931.

548 F.3d 1352 (2008)

The OHIO CASUALTY INSURANCE COMPANY, Plaintiff Counter Defendant Appellee, v. HOLCIM (US), INC., Edward J. Thierry, Jr., Dennis R. Odom, Defendants Counter Claimants Appellants, Patricia White, et al., Defendants, Industrial Services of Mobile, Inc., Counter Defendant Appellee.

United States Court of Appeals, Eleventh Circuit.

November 17, 2008.

Attorney(s) appearing for the Case

J. Marshall Gardner, Vickers, Riis, Murray & Curran, Mobile, AL, Charles M. McDaniel, Jr., Carlock, Copeland, Semler & Stair, LLP, Atlanta, GA, for Defendants Counter Claimants Appellants.

James A. Kee, Jr., Jon M. Hughes, Kee & Selby, LLP, Birmingham, AL, for Appellees.

Before BARKETT and WILSON, Circuit Judges, and POGUE, Judge.

PER CURIAM:

Tort plaintiffs Ronald and Patricia White sued appellant Holcim (US) Inc. ("Holcim") in Alabama state court, exclusively alleging claims of wrongdoing on the part of Holcim. Having settled the lawsuit, Holcim now seeks contractual indemnification from Ronald White's employer, Industrial Services of Mobile, Inc. ("ISOM"). Holcim alleges breach of contract under their "Supply Agreement," as ISOM "fail[ed] to pay...

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