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  5. 897 F.2d 794 (1990)
 

SMITH v. AMERICAN MEDICAL SYSTEMS, INC.

No. 88-5527.

897 F.2d 794 (1990)

Andrew C. SMITH, Plaintiff, v. AMERICAN MEDICAL SYSTEMS, INC., Defendant-Appellee, v. HUMANA HOSPITAL CORPORATION, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 1990.

Attorney(s) appearing for the Case

Richard Francis and Jerry A. Gibson, Plunkett, Gibson & Allen, San Antonio, Tex., for defendant-appellant.

John Milano, Jr., Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, Tex., for defendant-appellee.

Before WILLIAMS and GARWOOD, Circuit Judges, and POLOZOLA, District Judge.

FRANK J. POLOZOLA, District Judge:

In our original opinion,1 we certified the following question to the Texas Supreme Court:

Under Texas law, is a seller of a product entitled to indemnification from the manufacturer for attorney's fees incurred by seller during the litigation where the manufacturer settles the case with the plaintiff before a judicial determination of the liability of the parties is made?

In response...

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