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SPAWGLASS, INC. v. E.T. SERVICES, INC.

No. 09-03-596-CV.

143 S.W.3d 897 (2004)

SPAWGLASS, INC. and Spawglass Construction Corporation, Appellants v. E.T. SERVICES, INC., Appellee.

Court of Appeals of Texas, Beaumont.

August 26, 2004.

Attorney(s) appearing for the Case

Gregory M. Cokinos and Robert A. Plessala, Cokinos, Bosien & Young, Houston, for appellants.

Peter J. Bambace, Holm, Bambace & Macabre, LLP, Houston, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

PER CURIAM.

This case involves the application of the "express negligence rule" to an indemnity contract between a contractor and a subcontractor. The contract provided "Subcontractor agrees to ... indemnify Contractor ... against and for all liability... and damages which Contractor may ... become liable for by reason of any ... injuries ... to ... the workmen of either party ... in any matter arising out of or resulting from Subcontractor's performance...

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