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SAFECO INS. CO. OF AMERICA. v. GAUBERT

No. 05-90-00296-CV.

829 S.W.2d 274 (1992)

SAFECO INSURANCE COMPANY OF AMERICA, Appellant, v. Thomas M. GAUBERT, Barbara A. Gaubert, & John R. Barnes, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 4, 1992.

Attorney(s) appearing for the Case

Frank M. Gilstrap, Jay E. Reedy, Arlington, for appellant.

Robert M. Greenberg, Gregg A. Cooke, Travis P. Clardy, Daniel R. Rogers, Ivan M. Scott Jr., Dallas, for appellees.

Before STEWART, BAKER and CARVERJJ.

OPINION

STEWART, Justice.

Safeco Insurance Company of America (Safeco) sued Thomas M. Gaubert, Barbara A. Gaubert (Gaubert) and John R. Barnes (Barnes) for breach of an indemnity contract. The trial court granted summary judgment for Gaubert and Barnes and denied Safeco's motion for summary judgment. In seven points of error, Safeco argues that the trial court erred in denying its motion because (1) the evidence conclusively established that appellees were...

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