Big M Construction Company, Inc. v. MacHinery Transport, Inc.

NO. 12-00-00368-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BIG M CONSTRUCTION COMPANY, INC.,

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APPEAL FROM THE FOURTH

APPELLANTS

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JUDICIAL DISTRICT COURT OF

MACHINERY TRANSPORT, INC.,

APPELLEES

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RUSK COUNTY, TEXAS

Big M Construction Co., Inc. sued Machinery Transport, Inc. for breach of contract and contribution or indemnity for damages it paid to Tallyho Plastics, Inc. pursuant to a judgment rendered against both Big M and Machinery Transport in a prior lawsuit. In a bench trial, Big M's claims were denied. On appeal, Big M complains that, among other things, the trial…