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  5. 997 S.W.2d 203 (1999)
 

INGERSOLL-RAND CO. v. VALERO ENERGY CORP.

No. 97-1168.

997 S.W.2d 203 (1999)

INGERSOLL-RAND COMPANY, et al., Petitioners, v. VALERO ENERGY CORPORATION, et al., Respondents.

Supreme Court of Texas.

Decided June 24, 1999.

Opinion On Rehearing August 26, 1999.

Rehearing Overruled September 23, 1999.

Attorney(s) appearing for the Case

John B. Shely, Houston, Audrey Mullert Vicknair, Roberta Shellum Dohse, Corpus Christi, Dimitri Zgourides, Kendall M. Gray, Joseph A. Katarincic, Houston, Paul W. Nye, Harvey Ferguson, Jr., Corpus Christi, for Petitioners.

Thomas H. Watkins, C.A. Davis, Austin, Gilberto Hinojosa, Brownsville, James K. McClendon, Elizabeth G. Bloch, Austin, for Respondents.

Justice ENOCH delivered the opinion for a unanimous Court.

Valero1 sued Kellogg2 and Ingersoll-Rand3 for damages caused by malfunctioning equipment. Kellogg and Ingersoll-Rand installed the equipment during an expansion of Valero's oil refinery. Kellogg was the general contractor on the expansion, and Ingersoll-Rand was one of Kellogg's subcontractors. Both Kellogg and Ingersoll...

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