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  5. 797 S.W.2d 165 (1990)
 

CHAMPLIN PETROLEUM CO. v. GOLDSTON CORP.

No. 13-89-489-CV.

797 S.W.2d 165 (1990)

CHAMPLIN PETROLEUM COMPANY, Appellant, v. GOLDSTON CORPORATION, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled October 4, 1990.

Attorney(s) appearing for the Case

William R. Kendall, Jr., Reno, Nev. and J. Michael Mahaffey, Corpus Christi, for appellant.

Amy E. Harren and Ray Alexander, Corpus Christi, for appellee.

Before NYE, C.J., and BENAVIDES and SEERDEN, JJ.

OPINION

BENAVIDES, Justice.

Champlin contests a judgment denying its claim for contractual indemnity against Goldston. By point one, Champlin asserts that the trial court erred, pointing out that Goldston failed to plead and prove that Champlin was negligent. By point two, Champlin states that no evidence shows it was negligent. The question raised concerns the burden of proof when the indemnity clause does not meet the express negligence rule and the indemnitee...

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