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  5. 638 S.W.2d 64 (1982)
 

McKESSON CHEMICAL CO. v. PHELPS DODGE CORP.

No. 1971cv.

638 S.W.2d 64 (1982)

McKESSON CHEMICAL COMPANY, Appellant, v. PHELPS DODGE CORPORATION and Manuel Rodriguez, Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied September 9, 1982.

Attorney(s) appearing for the Case

Russell H. McMains, Edwards & Perry, Corpus Christi, for appellant.

Kevin J. Keith, C. Edward Fowler, Jr., Bailey, Williams, Westfall, Lee & Fowler, Dallas, Guy Allison, Corpus Christi, for appellees.

Before BISSETT, KENNEDY and GONZALEZ, JJ.

OPINION

KENNEDY, Justice.

This appeal concerns the right of appellee Phelps Dodge Corporation to be indemnified by appellant McKesson Chemical Company. The issue arises out of a judgment taken by one Manuel Rodriguez (referred to herein as plaintiff, that being the position he held in the lower court) against appellee. A recitation of the history of this litigation is necessary to the disposition of the case.

Appellee is a large producer of sulfuric...

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