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RICHARDSON-EAGLE v. WILLIAM M. MERCER, INC.

No. 01-04-01000-CV.

213 S.W.3d 469 (2006)

RICHARDSON-EAGLE, INC., Appellant, v. WILLIAM M. MERCER, INC., and William M. Mercer of Texas, Inc., Appellees.

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

Rehearing Overruled February 28, 2007.

Attorney(s) appearing for the Case

James L. Reed, Jr., Travis Scott Crabtree, Looper, Reed & McGraw, Houston, TX, for Appellant.

Bart Wulff, Jackson Walker L.L.P., W. Michael Byrd Jr., Dallas, TX, Carole Elaine Howard, Jackson Walker LLP, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices TAFT and ALCALA.

OPINION

SHERRY RADACK, Chief Justice.

Richardson-Eagle, Inc., appellant, has filed a motion for en banc reconsideration of our opinion issued on August 24, 2006. We withdraw our opinion and judgment of August 24, 2006 and substitute this opinion in their stead. Because we issue a new opinion in connection with the denial of rehearing, appellant's motion for en banc reconsideration of our prior opinion is moot. See Brookshire Bros. v. Smith,

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