Atchison, Topeka and Santa Fe Railway Company v. Sherwin-Williams Company
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
This is a diversity case, governed by Texas law, 1 brought by Atchison, Topeka and Santa Fe Railway Company (“Santa Fe”) against the Sherwin-Williams Company (“Sherwin”) to enforce an indemnification agreement (“the Agreement”) entered into by the parties. Santa Fe filed suit after one of its employees, John T. Neal, injured his knee and Sherwin refused to assume any liability for Neal’s injury. The indemnification lawsuit was tried to a jury, which found that: (i) the $380,000 Santa Fe paid in settlement of Neal’s claim was reasonable, prudent, and made in good…
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