Astra Oil Co. v. Diamond Shamrock Refining Co.

OPINION ON MOTION FOR REHEARING

SAM NUCHIA, Justice.

We deny appellee’s motion for rehearing, but we withdraw our opinion dated August 22, 2002 and issue this opinion in its place.

Appellant, Astra Oil Company, Inc. (As-tra Oil), filed this suit against appellee, Diamond Shamrock Refining Company, L.P. (Diamond Shamrock), to enforce an arbitration award made in London, England. Astra Oil Company, Inc. sought recovery under two theories: (1) “vouching-in” and (2) indemnification. The trial court denied Astra Oil’s motion for summary judgment and granted Diamond Shamrock’s motion. On appeal, Astra…