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EQUISTAR CHEMICALS v. DRESSER-RAND CO.

No. 04-0121.

240 S.W.3d 864 (2007)

EQUISTAR CHEMICALS, L.P., Petitioner, v. DRESSER-RAND COMPANY, Respondent.

Supreme Court of Texas.

Decided May 4, 2007.

Attorney(s) appearing for the Case

Claudia Wilson Frost, Christopher Jene Richart, Monica Cristina Flores, Jeremy Jason Gaston, Mayer, Brown, Rowe & Maw LLP, Houston, Thomas H. Cook Jr., Richard G. Urquhart, Zelle Hofmann Voelbel Mason & Gette, LLP, Dallas, for petitioner.

Thomas C. Wright, Michael A. Choyke, Chad Michael Forbes, Wright Brown & Close, LLP, Houston, for respondent.

Ben Taylor, Fulbright & Jaworski L.L.P., Dallas, for amicus curiae.

Justice JOHNSON delivered the opinion of the Court.

This case presents questions of how the economic loss rule is to be asserted in the trial court.

I. Background

In the mid 1970s Equistar Chemicals, LP1 bought two gas compressors from Dresser-Rand Company. Equistar operated the compressors as part of a chemical manufacturing process. The compressors, OP-I and OP-II, are large gas compression units containing many component...

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