United States Fifth Circuit
Smith Int'l, Inc. v. Egle Group LLC, 06-20422
In a dispute arising from a sales-purchase agreement under which the purchaser sought indemnity from defendant-sellers for damages caused by allegedly false representations and warranties in the agreement, summary judgment for defendants on all claims is affirmed in part, but reversed in part and remanded where: 1) breach of contract and negligent misrepresentation claims were time-barred; but 2) an indemnity claim was not barred by res judicata or the statute of limitations under Texas law.
Appellate Information
- Decided 06/22/2007
- Published 06/25/2007
Judges
- E. GRADY JOLLY, Circuit Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Cynthia C. Hollingsworth (argued), Gardere Wynne Sewell, Dallas, TX, Geoffrey H. Bracken, Gardere Wynne Sewell, Houston, TX, for Smith Intern., Inc., Walter C. Thompson, Jr. (argued), Jan K. Frankowski, Barkley & Thompson, New Orleans, LA, for Daniel Rees., Norman William Peters, Jr. (argued), Kasowitz, Benson, Torres & Friedman, Houston, TX, for Daniel Rees and Egle Group, LLC., David B. Dickinson, Lundeen & Dickinson, Houston, TX, for Don M. Egle.