Union Pacific Railroad v. Novus International, Inc.

OPINION

ELSA ALCALA, Justice.

This appeal concerns the right of appel-lee, Novus International, Inc. (Novus), to sue as a third-party beneficiary of a rail contract entered into between appellant, Union Pacific Railroad Co. (Union Pacific), and Union Carbide Co. (Carbide). The trial court granted Novus’s cross-motion for partial summary judgment, which sought third-party-beneficiary status under the rail contract, and the jury awarded Novus $2,500,000 in contract damages and $900,000 in attorney’s fees.

In three issues, Union Pacific challenges the trial court’s ruling that Novus was a…