Legal Opinion

Mississippi Power Company v. Joseph Roubicek and Mallory Pierce, D/B/A Associated Engineers

Court of Appeals for the Fifth Circuit

Decided July 3, 1972No. 71-1881PublishedCited by 20 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

The question presented in this Erie 1 controlled diversity case is whether under applicable Mississippi law, a party can be successfully indemnified against loss occasioned by his own negligence under a contract of indemnity which contains no express language to that effect. The District Court, interpreting and applying Mississippi State law within the jEVie-imposed confines of its Í7ne-created role as merely another Mississippi State Court, 2 holding that since the indemnity provision here in issue did not contain such express language — no specific mention of…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. United States v. SeckingerSupreme Court of the United States · 1970
  5. Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962

16 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Entergy Mississippi, Inc. v. Burdette Gin Co.Mississippi Supreme Court · 1998
  2. Centennial Insurance Company, Plaintiff-Counter v. Ryder Truck Rental, Inc., Defendant-Counter Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1998
  3. Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1974
  4. Gibbs v. United StatesCourt of Appeals for the Second Circuit · 1979
  5. Alabama Great Southern Railroad Company v. Allied Chemical Corporation, Armco Steel Corporation, and General American Transportation CorporationCourt of Appeals for the Fifth Circuit · 1974

15 more not listed; retrieve them via the Exa API.

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