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ANSELL HEALTHCARE PRODUCTS v. OWENS & MINOR

No. 06-04-00136-CV.

189 S.W.3d 889 (2006)

ANSELL HEALTHCARE PRODUCTS, INC., and Becton Dickinson & Co., Inc., Appellants, v. OWENS & MINOR, INC. and Owens & Minor Medical, Inc., Appellees.

Court of Appeals of Texas, Texarkana.

Decided March 31, 2006.

Attorney(s) appearing for the Case

R. Michael Duffy, Terry M. Hackett, Gardner, Carton & Douglas, LLP, Chicago, IL, Gene F. Creely II, Cozen O'Connor, PC, Houston, for Ansell Healthcare Products Inc.

Andrew W. Schwartz, Barry M. Epstein, Sills, Cummis, Epstein & Gross, PC, Newark, NJ, Jeffery C. Lewis, Atchley, Russell, Waldrop & Hlavinka, LLP, Texarkana, for Becton Dickinson & Co., Inc.

Brent M. Langdon, Holman & Langdon, LLP, Texarkana, Robert F. Redmond, Jr., Williams Mullen, Richmond, VA, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

Texas law allows an innocent seller to be indemnified by a manufacturer when the seller is sued in a products liability action. TEX. CIV. PRAC. & REM.CODE ANN. § 82.002 (Vernon 2005). Based on that statute, the trial court granted the seller-distributor, Owens & Minor, Inc., and Owens & Minor Medical, Inc. (O & M), a judgment against two manufacturers of latex gloves, Ansell Healthcare Products, Inc...

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