David C. Patch and Mary Jo Patch v. Amoco Oil Company, Amoco Oil Company, Third Party v. Chemlime Corporation, Third Party

REAVLEY, Circuit Judge:

Amoco Oil Company suffered a summary judgment dismissal of its indemnity claim against Chemlime Corporation when the district court ruled that the indemnity agreement, under which Chemlime is in-demnitor and Amoco is indemnitee, did not satisfy the express negligence requirement under Texas law. That order became ap-pealable by the entry of a Rule 54(b) certificate. Because, under any theory of the indemnity agreement’s effect, Amoco’s right of indemnity cannot be resolved at this stage, the summary judgment must be reversed. Until Amoco’s culpability for the…