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CHEVRON OIL CO. v. E. D. WALTON CONST. CO., INC.

No. 74-3067.

517 F.2d 1119 (1975)

CHEVRON OIL COMPANY, Plaintiff-Appellant, v. E. D. WALTON CONSTRUCTION COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1975.

Attorney(s) appearing for the Case

Donald M. Hunt, Bernard P. Evans, Lubbock, Tex., for plaintiff-appellant.

John P. Camp, Ft. Worth, Tex., for defendant-appellee.

Before WISDOM, SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This Texas diversity case presents a single question of contract construction: whether a contractor is contractually obligated to indemnify an owner for payments for injuries to the contractor's employee resulting from the sole negligence of the owner. Under applicable Texas law, a contract of indemnity will not afford protection to the indemnitee against the consequences of its own negligence, unless the contract clearly expresses such an obligation...

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