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FRYMIRE ENGINEERING CO., INC. EX REL. LIBERTY MUTUAL INS. CO. v. JOMAR INTERN. LTD.

No. 06-0755.

259 S.W.3d 140 (2008)

FRYMIRE ENGINEERING COMPANY, INC. by and through real party in Interest, LIBERTY MUTUAL INSURANCE COMPANY, Petitioners, v. JOMAR INTERNATIONAL, LTD. and Mixer s.r.l., Respondents.

Supreme Court of Texas.

Decided June 13, 2008.

Rehearing Denied August 29, 2008.

Attorney(s) appearing for the Case

Stewart Kelvin Smith, Attorney at Law, Irving, TX, for Petitioners.

Idolina Garcia, Christopher P. Hansen, Hilaree A. Casada, Hermes Sargent Bates, LLP, Dallas, Douglas R. Hafer, Kelly J. Curnutt, Curnutt & Hafer, LLP, Arlington, TX, for Respondents.

Justice WILLETT delivered the opinion of the Court.

Over a century ago, we declared that "the courts of no state have gone further" than Texas "in applying the doctrine of subrogation" because "our decisions recognize the doctrine ... to its fullest extent."1 Today's case requires us to decide whether this doctrine applies to a subcontractor seeking to recoup contractual payments from alleged third-party tortfeasors. We hold that it does...

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