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FISK ELEC. v. CONSTRUCTORS & ASSOCIATES

No. D-4527.

888 S.W.2d 813 (1994)

FISK ELECTRIC COMPANY, Petitioner, v. CONSTRUCTORS & ASSOCIATES, INC., Respondent.

Supreme Court of Texas.

Decided December 1, 1994.

Attorney(s) appearing for the Case

James R. Bailey and William J. Boyce, Houston, for petitioner.

Gina V. Fulkerson, Donald M. Hudgins and Sheryl Mulliken, Houston, for respondent.

Justice ENOCH delivered the opinion of the Court, in which all Justices join.

This is an appeal to determine whether an indemnitor, Fisk Electric Company, must pay attorney's fees and other expenses incurred by an indemnitee, Constructors & Associates, when the indemnitee is accused of negligence, but not found to be negligent, and the indemnity agreement does not meet the express negligence test. The trial court granted summary judgment in favor of Fisk, finding...

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