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PATCH v. AMOCO OIL CO.

No. 87-6098.

845 F.2d 571 (1988)

David C. PATCH and Mary Jo Patch, Plaintiffs, v. AMOCO OIL COMPANY, et al., Defendants. AMOCO OIL COMPANY, Third Party Plaintiff-Appellant, v. CHEMLIME CORPORATION, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 23, 1988.

Attorney(s) appearing for the Case

Fred Wahrlich, Richard A. Schwartz, Thelen, Marrin, Johnson & Bridges, Houston, Tex., for third party plaintiff-appellant.

Robert H. Bateman, Hirsch, Glover Robinson & Sheiness, Houston, Tex., for third party defendant-appellee.

Before REAVLEY, KING and SMITH, Circuit Judges.

REAVLEY, Circuit Judge:

Amoco Oil Company suffered a summary judgment dismissal of its indemnity claim against Chemlime Corporation when the district court ruled that the indemnity agreement, under which Chemlime is indemnitor and Amoco is indemnitee, did not satisfy the express negligence requirement under Texas law. That order became appealable by the entry of a Rule 54(b) certificate. Because, under any theory of the indemnity agreement's effect, Amoco's right...

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