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ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. SHERWIN-WILLIAMS CO.

No. 91-1088.

963 F.2d 746 (1992)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff-Appellee, v. SHERWIN-WILLIAMS COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 1992.

Attorney(s) appearing for the Case

Julia F. Pendery, Clayton E. Devin, McCauley, MacDonald, Love & Devin, Dallas, Tex., for defendant-appellant.

Janice A. Schattman, Tanner, Schattman & Whitton, Fort Worth, Tex., for plaintiff-appellee.

Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This is a diversity case, governed by Texas law,1 brought by Atchison, Topeka and Santa Fe Railway Company ("Santa Fe") against the Sherwin-Williams Company ("Sherwin") to enforce an indemnification agreement ("the Agreement") entered into by the parties. Santa Fe filed suit after one of its employees, John T. Neal, injured his knee and Sherwin refused to assume any liability for Neal's injury. The indemnification...

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