Arthur Bros., Inc. v. U.M.C., Inc.

ON MOTION FOR REHEARING

We withdraw our former opinion and substitute this one in its place.

This is a plea of privilege appeal involving the construction of Tex.Rev.Civ.Stat. Ann. art. 2212a, § 2(g), which provides that “[a]ll claims for contribution between named defendants in the primary suit shall be determined in the primary suit.” The trial court sustained Arthur Brothers, Inc.’s plea of privilege to claims for contribution asserted against it. The court of appeals reversed the trial court’s judgment and rendered judgment that the plea of privilege be denied. 626 S.W.2d 819. Two…