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BREN-TEX TRACTOR v. MASSEY-FERGUSON, INC.

No. 14-99-01336-CV.

97 S.W.3d 155 (2002)

BREN-TEX TRACTOR CO., INC. and Brentex Farm and Ranch Service, Appellants, v. MASSEY-FERGUSON, INC., Massey-Ferguson (Delaware), Inc., Massey-Ferguson Corp., Varity Assets Corporation, Varity Corporation, and AGCO Corporation, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled January 23, 2003.

Attorney(s) appearing for the Case

Andrew T. McKinney IV, Kim A. Cooper, Houston, for Appellants.

James C. Marrow, Matthew T. McCracken, Steve Gonzalez, Houston, for Appellees.

Panel consists of Justices EDELMAN, FROST, and MURPHY.

MAJORITY OPINION

RICHARD H. EDELMAN, Justice.

In this statutory indemnity case, Bren-Tex Tractor Co., Inc. and BrenTex Farm and Ranch Service (collectively, "Bren-Tex") appeal a take-nothing judgment in favor of Massey-Ferguson, Inc., Massey-Ferguson (Delaware), Inc., Massey-Ferguson Corp., Varity Assets Corporation, Varity Corporation, and AGCO Corporation (collectively, "Massey") on the grounds that: (1) the trial court erred by denying Bren-Tex's cross...

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