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TIPTON v. TEXACO, INC.

No. 15283.

712 P.2d 1351 (1985)

103 N.M. 689

Randal Allen TIPTON, Appellee-Cross-Appellant, v. TEXACO, INC., Appellant-Cross-Appellee, v. X-PERT WELL SERVICE, INC., B.F. Walker, Inc., and Eunice Rental Tool, Inc., Appellees.

Supreme Court of New Mexico.

On Rehearing December 10, 1985.

Rehearings Denied February 13, 1986.

Attorney(s) appearing for the Case

R.E. Richards, Law Offices of R.E. Richards, P.A., Hobbs, Sarah M. Singleton, Singleton Law Offices, Santa Fe, for Tipton.

Paul M. Bohannon, Thomas D. Haines, Jr., Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, D. Bruce Pope, Midland, Tex., for Texaco, Inc.

John P. Cusack, Cusack & Associates, Roswell, for X-Pert Well Service.

Larry D. Beall, Albuquerque, for B.F. Walker, Inc.

R.D. Mann, R. Tracy Sprouls, Atwood, Malone, Mann & Turner, P.A., Roswell, for Eunice Rental Tool, Inc.

OPINION

WALTERS, Justice.

Randall Tipton sued Texaco, Inc. for personal injuries sustained in an accident at an oil well operation. Texaco, the operator of the well, filed a third-party complaint against Tipton's employer, X-Pert Well Service, Inc., and two other independent contractors, B.F. Walker, Inc. and Eunice Rental Tool, Inc., alleging X-Pert's breach of contract and negligence, and negligence of the others. The trial court dismissed Texaco's complaint...

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