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DIAMOND SHAMROCK CORP. v. CHEM-TEX FARM SUPPLY

No. 9302.

618 S.W.2d 898 (1981)

DIAMOND SHAMROCK CORPORATION, Appellant, v. CHEM-TEX FARM SUPPLY, INC., et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

June 24, 1981.

Attorney(s) appearing for the Case

Gibson, Ochsner & Adkins, Danny M. Needham, Amarillo, for appellants.

White, Self, Davenport & Bass, Charles G. White, Plainview, for appellee Chem-Tex Farm Supply, Inc.

Moran & Miller, Russel A. Moran, Dimmitt, for appellee Jimmy D. Waggoner, dba Waggoner Farm.

REYNOLDS, Chief Justice.

Questioned is the venue for an indemnity action authorized by Section 17.55A of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA)1 when brought as a cross-action against one not otherwise a party to the consumer's DTPA suit. Statutory authorization for the action is given in these words:

§ 17.55A. Indemnity

A person against whom an action has been brought under this subchapter...

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