Conoco, Inc. v. Affolter Contracting Co.

OPINION

NYE, Chief Justice.

This is a summary judgment case. Appellant Conoco was named as the sole defendant in a personal injury action. Cono-co impleaded Affolter Contracting Company and Bean Dredging Corporation. Tex. R.Civ.P. 38. After joining Affolter and Bean as third-party defendants, Conoco settled with the plaintiffs, obtaining a release only of its liability to the plaintiffs. The settlement also assigns to Conoco any cause of action of plaintiffs related to the injury. Conoco, in this its severed cause, seeks contribution from Affolter and Bean; however, Affolter and Bean were each…