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ASTORIA INDUSTRIES OF IOWA v. SNF, INC.

No. 2-05-315-CV.

223 S.W.3d 616 (2007)

ASTORIA INDUSTRIES OF IOWA, INC., Appellant v. SNF, INC. d/b/a Brand FX Body Company, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 26, 2007.

Attorney(s) appearing for the Case

Law Offices of Michael W. Minton, P.L.L.C., Michael W. Minton, Irving, and Renwick & Associates, PC, Malcolm G. Renwick, Carrollton, for Appellant.

Kelly, Hart & Hallman, LLP, Hugh G. Connor, II, Michael D. Anderson, Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; LIVINGSTON and McCOY, JJ.

OPINION ON REHEARING

JOHN CAYCE, Chief Justice.

We withdraw our opinion and judgment of October 19, 2006 and substitute the following. We grant in part and deny in part the motion for rehearing filed by Astoria Industries of Iowa, Inc. (Astoria) and deny the motion for attorney's fees and costs filed by SNF, Inc. d/b/a Brand FX Body Company (Brand FX).

I. INTRODUCTION

In this interlocutory appeal, Astoria appeals from the trial court's...

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