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DORCHESTER GAS CORP. v. AMERICAN PETROFINA

No. C-4014.

710 S.W.2d 541 (1986)

DORCHESTER GAS CORPORATION, Petitioner, v. AMERICAN PETROFINA, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied June 23, 1986.

Attorney(s) appearing for the Case

Locke, Purnell, Boren, Laney, Neely, Orrin L. Harrison, Julie M. McCoy, and Daniel Tsevat, Dallas, for petitioner.

Nichols, Merriman, Patterson & Allison, Rex A. Nichols, Longview, for respondent.

OPINION

GONZALEZ, Justice.

This case involves construction of an indemnity clause in a sales contract. American Petrofina, Inc. (Fina) sold a refinery to Dorchester Gas Corporation. After the sale, a Dorchester employee sued Fina for damages due to an on the job injury. Fina settled and pursuant to a clause in their sales agreement, Fina sought indemnity from Dorchester. After a trial without a jury, the trial court found that the clause was insufficient...

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