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UPS TRUCK LEASING v. LEASEWAY TRANSFER POOL, INC.

No. 04-99-00467CV.

27 S.W.3d 174 (2000)

UPS TRUCK LEASING, INC., Appellant, v. LEASEWAY TRANSFER POOL, INC., Appellee.

Court of Appeals of Texas, San Antonio.

July 26, 2000.

Attorney(s) appearing for the Case

Stephen L. Dittlinger, Brock & Person, P.C., San Antonio, for Appellant.

Glen M. Boudreaux, Maryellen S. Hester, Kirkland, Boudreaux & Leonard, Houston, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.

OPINION

Opinion by: CATHERINE STONE, Justice.

This contractual dispute concerns the applicability and enforceability of an indemnity provision in a lease agreement entered into between UPS Truck Leasing, Inc. and Leaseway Transfer Pool, Inc. Finding that the indemnity provision is not conspicuously written, and thus, not enforceable, we affirm the summary judgment granted in favor of Leaseway Transfer Pool, Inc.

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