United States v. M. O. Seckinger, Jr., T/a M. O. Seckinger Company

JOHN R. BROWN, Chief Judge:

This case began sounding in tort but through a simple twistification, General Guaranty Ins. Co. v. Parkerson, 5 Cir., 1966, 369 F.2d 821, of the Federal im-pleader rule, F.R.Civ.P. 14(a), plus a pri- or final judgment, it is now here after several dismissals for failure to state a claim, for a decision on the propriety of the most recent dismissal. We are called upon like many times in the past, 1 to determine if a contract 2 calls for indemnity or is mérely a simple responsibility clause. This case would be one of a simple nature except for two factors: first, in a…