IN RE COMPLAINT OF JOHN E. GRAHAM & SONS

No. 99-30301.

210 F.3d 333 (2000)

In re In the Matter of the Complaint of JOHN E. GRAHAM & SONS as Owner of M/V SEAN G for Exoneration from or Limitation of Liability. John E. Graham & Sons, Plaintiff, v. Horace Brewer, et al., Defendants, Enron Oil & Gas Company, Defendant-Third Party Plaintiff-Appellee, v. Dynamic Offshore Contractors, Inc., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 2000.


Attorney(s) appearing for the Case

John Albert Sullivan, III (argued), Filteau, Sullivan & O'Rourke, Houston, TX, for Enron Oil & Gas Co.

Philip E. Henderson (argued), Henderson, Reilly & Boudreaux, Houma, LA, for Dynamic Offshore Contractors, Inc.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and WARD, District Judge:


T. JOHN WARD, District Judge:

An offshore contractor appeals a decision casting it in judgment to an owner on an indemnity claim. Although it is a close question, we believe that the Texas Oilfield Anti-Indemnity Act bars enforcement of the indemnity agreement. Accordingly, we REVERSE.

I.

BACKGROUND AND PROCEDURAL POSTURE

In 1994, Enron Oil & Gas Company ("Enron") owned several offshore platforms

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