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MISSOURI PACIFIC R. CO. v. LELY DEVELOPMENT

No. 03-01-00552-CV.

86 S.W.3d 787 (2002)

MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company and William R. Slone, III, Appellants, v. LELY DEVELOPMENT CORPORATION, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 7, 2002.

Attorney(s) appearing for the Case

Kathleen Hopkins Alsina, Phelps, Dunbar, LLP, Houston, for Appellants.

Andrew T. McKinney IV, McKinney & Cooper, LLP, Houston, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

Appellants Missouri Pacific Railroad Company, doing business as Union Pacific Railroad Company, and William R. Slone, III, (collectively "Union Pacific") appeal from the district court's denial of their motion for summary judgment and its grant of summary judgment in favor of appellee Lely Development Corporation ("Lely"). Union Pacific argues that Lely was required by contract to indemnify Union Pacific. We will reverse and render judgment in...

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