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HONEYWELL INTERN., INC. v. PHILLIPS PETROLEUM CO.

No. 04-20589.

415 F.3d 429 (2005)

HONEYWELL INTERNATIONAL, INC., formerly known as Allied Signal Inc., Plaintiff-Appellant, v. PHILLIPS PETROLEUM CO.; et al., Defendants, Conoco Phillips Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 2005.

Attorney(s) appearing for the Case

Jeffrey Scott Bromme, Arnold & Porter, Washington, DC, for Plaintiff-Appellant.

Michael Vance Powell, Thomas F. Loose, Locke, Liddell & Sapp, Dallas, TX, Mark R. Zehler, Conoco Phillips, Houston, TX, for Defendant-Appellee.

Before REAVLEY, JONES and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Honeywell International, Inc. ("Honeywell") appeals the district court's order granting summary judgment in its suit against Phillips Petroleum Company ("Phillips"). The issue on appeal is whether the court erred in holding that Phillips had no contractual duty to indemnify Honeywell for costs and attorney's fees Honeywell incurred defending a suit by Lone Star Industries ("Lone Star").

I

In 1968, The Signal Companies...

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