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C. H. LEAVELL & CO. v. VILBIG BROS., INC.

No. A-7200.

335 S.W.2d 211 (1960)

C. H. LEAVELL & CO., Petitioner, v. VILBIG BROS., INC., Respondent.

Supreme Court of Texas.

Rehearing Denied May 18, 1960.

Attorney(s) appearing for the Case

Leachman, Gardere, Akin & Porter, Dallas, for petitioner.

Wm. Andress, Jr., Dallas, for respondent.

WALKER, Justice.

The opinion delivered in this cause on February 10, 1960, is withdrawn, and the following is substituted therefor:

This is a controversy between a general contractor, C. H. Leavell & Co., and one of its subcontractors, Vilbig Bros., Inc. Leavell contracted with North Texas Municipal Water District for the erection of a water treatment plant and the construction of certain streets. Three phases of the street work were then sublet to Vilbig...

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