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SCURLOCK OIL CO. v. SMITHWICK

No. C-4838.

724 S.W.2d 1 (1986)

SCURLOCK OIL COMPANY, Petitioner, v. Maria C. SMITHWICK, Individually et al., Respondents.

Supreme Court of Texas.

Concurring Opinion June 25, 1986.

Rehearing Denied March 11, 1987.

Attorney(s) appearing for the Case

James A. Kronzer, Jr., Weitinger, Steelhammer & Tucker, Jack W. Tucker, Jr., Houston, White Huseman, Pletcher & Powers, Anthony Pletcher, Corpus Christi, James A. Smith, Port Lavaca, for petitioner.

Edwards, McMains, Constant & Terry, William R. Edwards and Russell H. McMains, Hunt, Hermansen, McKibben & Barger, Lev Hunt, Corpus Christi, for respondents.

Concurring Opinion June 25, 1986. (J. McGee).

OPINION ON MOTION FOR REHEARING

KILGARLIN, Justice.

Our opinion of June 25, 1986 is withdrawn, and the following is substituted.

Two principal questions confront us: (1) the admissibility of a "Mary Carter" agreement from a prior trial which involved the same defendants but different plaintiffs; and, (2) the collateral estoppel or issue preclusion effect to be given to jury findings made in the...

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