OWENS-ILLINOIS, INC. v. GULF COAST MASONRY

No. 09-86-034 CV.

722 S.W.2d 465 (1986)

OWENS-ILLINOIS, INC., Appellant, v. GULF COAST MASONRY, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied January 7, 1987.


Attorney(s) appearing for the Case

Lawrence Louis Germer, Orgain, Bell & Tucker, Beaumont, for appellant.

Fred D. Raschke, Mills, Shirley, McMicken & Eckel, Galveston, for appellee.


OPINION

BURGESS, Justice.

This is a summary judgment case construing an indemnity provision in a contract. Gulf Coast Masonry, Inc. (Gulf Coast) contracted to repair a lime kiln at the Owens-Illinois, Inc. (Owens) plant near Orange, Texas. One of Gulf Coast's employees injured himself and initiated suit against Owens. Owens, in turn, filed a third-party action against Gulf Coast for contractual indemnity. Gulf Coast then moved for summary judgment claiming...

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