Court of Appeals for the Fifth Circuit April 4, 1990, 88-5527 (Andrew C. Smith v. American Medical Systems, Inc. v. Humana Hospital Corporation, Inc.)

FRANK J. POLOZOLA, District Judge:

In our original opinion,

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we certified the following question to the Texas Supreme Court:

Under Texas law, is a seller of a product entitled to indemnification from the manufacturer for attorney’s fees incurred by seller during the litigation where the manufacturer settles the case with the plaintiff before a judicial determination of the liability of the