Livingston S. Hiern v. St. Paul-Mercury Indemnity Company

TUTTLE, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Louisiana granting the plaintiff’s motion for summary judgment in a suit on a contract of indemnity.

Plaintiff, appellee here, contracted as surety for appellant and appellant’s co-venturer, one Waterman, in connection with certain realty development contracts. Appellant and his co-venturer executed general contracts of indemnity under the terms of which he and Waterman bound themselves jointly and severally to indemnify appellee against any and all liability or expense which…