Court of Appeals for the Fifth Circuit January 26, 1981, 79-2314 (Dow Chemical Company v. Royal Indemnity Company, R. B. Butler, Incorporated)

TATE, Circuit Judge:

Jurisdiction is based on diversity, with Texas substantive law governing. At issue is liability for a loss of some three hundred thousand dollars resulting from the collapse of a structure under construction. The present appeal arises from the dismissal of a cross-action in this suit. By it, R. B.