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TEXAS EASTERN TRANSMISSION CORP. v. SEYMOUR NAT.

No. 1-782A170.

451 N.E.2d 698 (1983)

TEXAS EASTERN TRANSMISSION CORPORATION, Appellant-Defendant below, v. SEYMOUR NATIONAL BANK, As Administrator of the Estate of Earl Edward Howard, Deceased, Appellee-Plaintiff below, Fenix & Scisson, Inc., Appellant-Third Party Defendant below, v. Texas Eastern Transmission Corporation, Appellee-Third Party Plaintiff below.

Court of Appeals of Indiana, First District.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

John T. Sharpnack, Sharpnack, Bigley, David & Rumple, Columbus, for appellant Texas Eastern Transmission Corp.

Hugh Watson, Sharon Funcheon Murphy, Locke, Reynolds, Boyd & Weisell, Indianapolis, David S. McCrea, McCrea & McCrea, Bloomington, for appellant Fenix & Scisson, Inc.

Roger L. Pardieck, W. Brent Gill, Montgomery, Elsner & Pardieck, Seymour, Gary J. Clendening, Bunger, Harrell & Robertson, Bloomington, for appellee Seymour Nat. Bank.

STATON, Judge (writing by designation).

Seymour National Bank (bank), administrator of the estate of Earl Howard, sued Texas Eastern Transmission Corporation (Texas) seeking damages for the wrongful death of Howard. Texas sued Fenix & Scisson, Inc. (Fenix), alleging that the contract between Texas and Fenix required Fenix to indemnify Texas against such damages. Following a trial, the jury found for the bank in its suit against Texas and for Texas in its suit...

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