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CITY OF MIDLAND v. WALLER

No. 5845.

418 S.W.2d 915 (1967)

CITY OF MIDLAND, Texas, Appellant, v. Leonard E. WALLER et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 27, 1967.

Attorney(s) appearing for the Case

J. M. Nuessle, City Atty., Midland, Tex., for appellant.

Kerr, FitzGerald & Kerr, and Leonard Howell, Midland, Tex., for appellees.

OPINION

FRASER, Chief Justice.

This is an action filed by plaintiff-appellant, City of Midland, Texas, against Leonard E. Waller, a contractor, and The Travelers Indemnity Company. The trial court rendered summary judgment that the plaintiff take nothing.

It appears that after advertising for competitive bids, the appellant entered into a general construction contract with appellee, Leonard E. Waller, to construct a swimming pool in one of the appellant...

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