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MILLENNIUM PETROCHEMICALS v. BROWN & ROOT HOLDINGS

No. 03-20264.

390 F.3d 336 (2004)

MILLENNIUM PETROCHEMICALS, INC., Plaintiff-Counter Defendant-Appellant, v. BROWN & ROOT HOLDINGS, INC., Individually and as Successor to Brown and Root USA, Inc.; et al., Defendants, Brown & Root, Inc., a Delaware Corporation, Defendant-Appellee, and Kellogg-Brown & Root, Inc., doing business as Brown & Root, formerly known as Brown & Root USA, Inc., formerly known as Brown & Root, Inc., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 10, 2004.

Attorney(s) appearing for the Case

Kimberly R. Phillips, Richard Oran Faulk, Jose A. Berlanga (argued), Gardere Wynne Sewell, Houston, TX, for Millennium Petrochemicals, Inc.

David L. Patterson (argued), Kenneth Wayne Rockenbach, Godwin Gruber, Dallas, TX, Amy L. Donohue-Babiak, Gollatz, Griffin & Ewing, Philadelphia, PA, for Kellogg Brown & Root, Inc. and Brown & Root, Inc.

Before DAVIS, WIENER and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Millennium Petrochemicals, Inc. ("Millennium") appeals the district court's denial of its motion for partial summary judgment, which sought a declaration that the indemnity provisions in a maintenance contract (the "Contract") with Brown & Root, Inc. and Kellogg-Brown & Root, Inc. (collectively "Brown & Root"), were valid and enforceable, and that Brown & Root owed Millennium an indemnity obligation for asbestos-related...

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