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MALCOMSON ROAD UTILITY DIST. v. NEWSOM

Nos. 01-00-01163-CV, 01-00-01169-CV.

171 S.W.3d 257 (2005)

MALCOMSON ROAD UTILITY DISTRICT, Appellant, v. Frank George NEWSOM, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled June 22, 2005.

Attorney(s) appearing for the Case

C. Charles Dippel, Andrews & Kurth L.L.P., Houston, for appellant.

Michael M. Barron, Stephen I. Adler, Barron, Adler & Anderson, L.L.P., Kent A. Sick, Austin, for appellee.

Panel consists of Justices TAFT, KEYES, and HIGLEY.

OPINION ON REHEARING

TIM TAFT, Justice.

Appellant, Malcomson Road Utility District ("the District"), has moved for rehearing. So has appellee, Frank George Newsom. We grant the District's rehearing motion, deny Newsom's, withdraw our opinion of June 5, 2003, and substitute this opinion in its stead.

The District appeals from two final judgments that denied its motions for partial summary judgment; granted...

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