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FITZGERALD v. ADVANCED SPINE FIXATION SYSTEMS, INC.

No. 98-0560.

996 S.W.2d 864 (1999)

Ken FITZGERALD, d/b/a Performance Orthopaedics, Appellant, v. ADVANCED SPINE FIXATION SYSTEMS, INC., Appellee.

Supreme Court of Texas.

Decided July 1, 1999.

Rehearing Overruled August 26, 1999.

Attorney(s) appearing for the Case

Mark C. Walker, Steven L. Hughes, El Paso, for Appellant.

Matthew R. Muth, Houston, for Appellee.

Justice GONZALES delivered the opinion of the Court, joined by: Justice HECHT, Justice ENOCH, Justice ABBOTT, and Justice O'NEILL.

This case comes to us by certified question from the United States Court of Appeals for the Fifth Circuit.1 Section 82.002 of the Texas Civil Practice and Remedies Code gives an innocent seller the right to seek indemnity from the manufacturer of an allegedly defective...

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