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Crimson Exploration, Inc. v. Intermarket Management, LLC

In three issues, appellant appeals 1. the trial court's grant of summary judgment in favor of appellees on the breach of indemnity contract claim, the sum of damages awarded, and the award of attorney's fees; and 2. the trial court's grant of summary judgment in favor of appellees on appellant's declaratory judgment claims, its rendering of a take-nothing judgment against appellant and its denial of appellant's summary judgment motion on those claims. The trial court's judgment is affirmed in part, reversed in part and remanded. Houston's 1st Court of Appeals, No. 01-08-00774-CV, 11-10-2010

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OPINION

Appellees, Intermarket Management, LLC, M. Scott Manolis, and Kevin McMillan (collectively “appellees”), sued appellant,

Crimson Exploration, Inc., formerly known as Gulfwest Energy, Inc.,*fn1 on a breach of indemnity contract claim. The trial court granted appellees’ summary judgment on that claim and awarded damages. The parties later agreed to the award of a certain sum of attorney’s fees to appellees in that action. Crimson filed a counterclaim for a declaratory judgment. Both sides moved for summary judgment on Crimson’s declaratory judgment counterclaim. The trial court denied Crimson’s motion for summary judgment and granted summary judgment for appellees.

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