Legal Opinion

Maxus Energy Corp. v. Occidental Chemical Corp.

Texas Court of Appeals, 5th District (Dallas)

Decided February 1, 2008No. 05-06-01299-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

Opinion by

Justice LANG-MIERS.

This appeal involves the interpretation of an indemnity provision in a stock purchase agreement. Maxus Energy Corporation appeals the trial court’s judgment in favor of Occidental Chemical Corporation. We affirm the judgment.

Background

On September 4, 1986, Maxus, then known as Diamond Shamrock Corporation, sold one hundred percent of the stock of Diamond Shamrock Chemicals Company (DSCC) to Oxy-Diamond Alkali Corporation pursuant to a stock purchase agreement. In that agreement, Maxus agreed to indemnify the buyer and its affiliates, including Occidental,…

2Cases cited21 opinions

  1. Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
  2. In Re D. Wilson Const. Co.Texas Supreme Court · 2006
  3. Lorillard Tobacco Co. v. American Legacy FoundationSupreme Court of Delaware · 2006
  4. State Farm Lloyds v. NicolauTexas Supreme Court · 1997
  5. Randy v. Progressive Northern Insurance Co.Supreme Court of Delaware · 2001

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3Cited by3 opinions

  1. TREMONT LLC v. Halliburton Energy Services, Inc.District Court, S.D. Texas · 2010
  2. Cabot Oil & Gas Corporation v. Healey, L.P., Texas Court of Appeals, 12th District (Tyler)2013
  3. TPG (Post Oak) Acquisition, LLC TPG (Post Oak) Mezzanine, LLC The Picerne Group, Inc. TPG, Inc. Allied Realty Advisors, LLC Allied Realty Partners, LLC Allied Orion Group, LLC D/B/A Allied Realty And ACS Restoration GC, LLC D/B/A Allied Construction Services TPG2011-4 (Post Oak), LLC v. Greystone Multi-Family Builders, Inc., Greystone (Post Oak), LLC, and Walter B. Eeds, Texas Court of Appeals, 1st District (Houston)2021

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