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MUSTANG PIPELINE CO., v. DRIVER PIPELINE CO.

No. 02-0290.

134 S.W.3d 195 (2004)

MUSTANG PIPELINE COMPANY, INC., Petitioner, v. DRIVER PIPELINE COMPANY, INC., and Seaboard Surety Co., Respondents.

Supreme Court of Texas.

April 23, 2004.

Attorney(s) appearing for the Case

Thomas H. Buchanan, Buchanan & Kent, David James Bush, Christie Lynn Ryan, Buchanan Kent P.C., Ken W. Good, Kent Good & Anderson, P.C., Tyler, for petitioner.

Joe F. Canterbury Jr., David Surratt, Canterbury Stuber Elder Gooch & Surratt, Dallas, Kent Hance, Hance Scarborough Wright, LLP, Austin, John R. Mercy, Mercy Carter Tidwell & Elliott, L.L.P., Texarkana, E. Lee Parsley, E. Lee Parsley, P.C., Austin, Thomas John Ward, Perry Womack & Ward, Clifton L. Holmes, Holmes Law Office, Longview, Deborah J. Race, Ireland Carroll & Kelley, P.C., Tyler, for respondents.

PER CURIAM.

In this breach of contract case, both parties, Mustang Pipeline Co. (Mustang), and Driver Pipeline Co. (Driver), obtained favorable jury findings as to the other's breach of a pipeline construction contract. Mustang initially brought suit against Driver for Driver's failure to complete work in a timely manner. Driver counterclaimed for Mustang's wrongful termination of the contract. It is a fundamental principle of contract law that when one party to a...

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