HOLSTENSSON ET AL.

v.

V-M CORPORATION

Citator

Cited By

• E. C. Ernst, Inc. v. Manhattan Constr. Co. OF Tex., 551 F.2d 1026 (5th Cir. 1977)
  …s, to some extent.27 The Alabama courts have not squarely addressed the issue of whether or when indemnity agreements contemplate the payment of attorney’s fees. Cf. Miller & Co. v. Louisville & Nashville R.R., 328 F. 2d 73, 78 (CA5), cert. denied, 377 U.S. 966, 84 S.Ct. 1648, 12 L.Ed.2d 737 (1964) (Alabama law), holding that judgment against the indemnitee in a third party’s suit would entitle it to “the costs of defending the claim” as well as the amount of liability. Miller at least suggests that Alabam…
• Transcon. GAS Pipe Line Corp. v. The Mobile Drilling Barge or Vessel Known As MR. Charlie, 424 F.2d 684 (5th Cir. 1970)
  …958, 355 U.S. 563. 78 S.Ct. 438, 2 L.Ed.2d 491; Ryan Stevedoring Co. v. Pan-Atlantic S S Corp., 1056, 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133; See Miller and Company of Birmingham v. Louisville & N. R. Co., 5 Cir. 1964, 328 F. 2d 73, cert. denied, 377 U.S. 966, 84 S.Ct. 1648, 12 L.Ed.2d 737. . Tri State Oil Tool Indus., Inc. v. Delta Marine Drill. Co., 5 Cir. 1969, 410 F. 2d 178, 180 stated the generally recognized principle, to be “that the right of indemnity exists between parties, one of whom is guilt…
• Bowser, Inc. v. The United States & Gen. Steel Tank Co., Inc., 420 F.2d 1057 (Ct. Cl. 1970)
  …475, 487, 30 S.Ct. 608, 54 L.Ed. 846 (1910) (non-party who assists in defense is fully bound); Grummons v. Zollinger, 341 F. 2d 464, 465 (7th Cir. 1965); Miller & Co. of Birmingham v. Louisville & N.R. Co., 328 F. 2d 73, 78 (5th Cir.), cert. denied, 377 U.S. 966, 84 S.Ct. 1648, 12 L.Ed.2d 737 (1964) (non-appearing indemnitor given due notice and opportunity to defend is bound). II As we have previously stated, both the notice and the summons to General Steel were served after the rendition of the judgment…