Federal Deposit Insurance v. Jackson-Shaw Partners No. 46, Ltd.
Opinion
Opinion
Williams, J.
ORDER GRANTING JACKSON-SHAW LEAVE TO FILE AN AMENDED CROSS-CLAIM; GRANTING CROSS-DEFENDANTS’ MOTIONS TO DISMISS; DENYING CHEVRON’S MOTION TO STRIKE AND/OR DISMISS JACKSON-SHAW’S CROSS-CLAIM FOR CONTRACTUAL INDEMNITY
Plaintiff Federal Deposit Insurance Corporation (“FDIC”) brought this action against Jackson-Shaw Partners No. 46, Ltd. Wallace Murfit, Jackson-Shaw’s general partner, and others for judicial foreclosure, specific performance of assignment of rents and profits, and for damages for the impairment of FDIC’s security interest. In response, Jackson-Shaw and Murfit (hereafter referred to collectively as “Jackson-Shaw”) filed cross-claims against Chevron U.S.A, Inc. (“Chevron”) and Solvent Service Company, Inc. (“SSI”). Chevron and SSI now move to dismiss the cross-claims for temporary trespass and temporary nuisance. Chevron also moves to strike and/or dismiss Jackson-Shaw’s cross-claim for contractual indemnity. For the reasons expressed below, cross-defendants’ motion to dismiss is GRANTED; and Chevron’s motion to strike and/or dismiss is DENIED.
BACKGROUND
On May 14, 1985, Jackson-Shaw, which is a Texas limited partnership and FDIC’s assignor bank (“Lender”) executed…