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ASI TECHNOLOGIES v. JOHNSON EQUIPMENT CO.

No. 04-01-00589-CV.

75 S.W.3d 545 (2002)

ASI TECHNOLOGIES, INC., Appellant, v. JOHNSON EQUIPMENT COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 3, 2002.

Attorney(s) appearing for the Case

Brock C. Akers, Neal D. Kieval, Phillips & Akers, P.C., Houston, for Appellant.

Gerald R. Zwernemann, Timothy B. Soefje, Thorton, Summers, Biechlin, Dunham & Brown, Thomas C. Hall, Hall & Bates, L.L.P., E. Wayne Shuffield, Adami, Goldman & Shuffield, San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice and PAUL W. GREEN, Justice.

PHIL HARDBERGER, Chief Justice.

In this products liability case, the defendant seller and the defendant manufacturer entered into a written verdict-sharing settlement agreement. The plaintiff ultimately recovered against the manufacturer, but not the seller. The seller paid the plaintiff under the agreement, but then turned around and counter-sued the manufacturer to recover what they had just paid the plaintiff, plus attorney's fees, citing their statutory indemnity...

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