Halliburton Company and Continental Casualty Company v. Norton Drilling Company and Liberty Mutual Insurance Company

The petition for rehearing en banc is hereby denied. The petition is based principally on the basis that the judgment of this Court is in conflict with our prior judgment in Travelers Insurance Company v. Busy Electric Company, 5 Cir., 294 F.2d 139. We conclude that there is no conflict in the decisions, principally because in the Busy Electric Company case it was alleged by the third-party plaintiff, the defendant in the original suit, that the third-party defendant had executed a contract of indemnity to the third-party plaintiff. No such contract is alleged in the present suit. However,…