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B & B AUTO SUPPLY, SAND PIT, AND TRUCKING CO. v. CENTRAL FREIGHT LINES, INC.

No. B-8975.

603 S.W.2d 814 (1980)

B & B AUTO SUPPLY, SAND PIT, AND TRUCKING COMPANY, Petitioner, v. CENTRAL FREIGHT LINES, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied September 12, 1980.

Attorney(s) appearing for the Case

Evans & Moses, Steven C. Barkley, Beaumont, for petitioner.

Benckenstein & Norvell, Lipscomb Norvell, Jr., Beaumont, for respondents.

SPEARS, Justice.

The principal question in this case is whether in light of the policies behind the enactment of Tex.Rev.Civ.Stat.Ann. art. 2212a (Vernon),1 a common law right of indemnity exists between joint tortfeasors in negligence cases. The court of civil appeals affirmed the trial court's holding that Central was entitled to common law indemnity over and against B & B because B & B breached a duty which it owed to Central...

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