033362P.pdf   08/06/2004  Union Electric Co.  v.  Southwestern Bell
   U.S. Court of Appeals Case No:  03-3362
   Eastern District of Missouri   
   Civil case - Indemnity. District court erred in granting summary 
   judgment to SBC on claim it should indemnify Ameren under the 
   parties' Joint Use Agreement for damages Ameren paid on a wrongful death 
   claim following the electrocution of an SBC subcontractor's employee; 
   the Joint Use Agreement made each party responsible for losses to their 
   customers, agents or subcontractors, and because SBC was in the best 
   position to see that its subcontractor's employee was not injured and to 
   insure against losses arising from its own operations, it must indemnify 
   Ameren under the Joint Use Agreement; however, a fact finder must 
   determine whether the settlement Ameren reached in the underlying case 
   was reasonable and made in good faith, and the matter is remanded for a 
   trial on this issue. 
   [PUBLISHED] [Erickson, District Judge, Author, with Riley and 
   Melloy, Circuit Judges]