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REF-CHEM CORPORATION v. EL PASO PRODUCTS COMPANY

No. 6353.

506 S.W.2d 701 (1974)

REF-CHEM CORPORATION, Appellant, v. EL PASO PRODUCTS COMPANY et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 27, 1974.

Attorney(s) appearing for the Case

Kerr, Fitz-Gerald & Kerr, William L. Kerr, Midland, for appellant.

Shafer, Gilliland, Davis, Bunton & McCollum, Inc., Perry D. Davis, Jr., Warren Burnett, Associated, Wm. Ruff Ahders, Odessa, Carl Steckelberg, Midland, for appellees.

OPINION

PRESLAR, Chief Justice.

This case involves an indemnity contract on which summary judgment was granted the indemnitee, El Paso Products Company, against the Ref-Chem Corporation, the indemnitor. We are of the opinion that the summary judgment was improper because a fact question exists as to whether the injured workman was an employee of Appellant, Ref-Chem Corporation, or El Paso Products Company. We will refer to the parties as "Rem-Chem," Appellant...

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