Honeywell International, Inc. v. Phillips Petroleum Co.

EMILIO M. GARZA, Circuit Judge:

Honeywell International, Inc. (“Honeywell”) appeals the district court’s order granting summary judgment in its suit against Phillips Petroleum Company (“Phillips”). The issue on appeal is whether the court erred in holding that Phillips had no contractual duty to indemnify Honeywell for costs and attorney’s fees Honeywell incurred defending a suit by Lone Star Industries (“Lone Star”).

I

In 1968, The Signal Companies, Inc. (“Signal”) sold a former oil refinery site along the Houston ship channel to Lone Star (the “Lone Star Site”). Approximately a year later,…