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PERMIAN CORPORATION v. TRUMBULL ASPHALT CO. OF DEL.

No. 612.

472 S.W.2d 555 (1971)

The PERMIAN CORPORATION, Appellant, v. TRUMBULL ASPHALT COMPANY OF DELAWARE, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 11, 1971.

Attorney(s) appearing for the Case

Rankin, Kern & Martinez, H. H. Rankin, Jr., McAllen, for appellant.

Adams, Graham, Lewis, Jenkins & Graham, John Lewis, McAllen, and Marshall Graham, Harlingen, for appellee.

OPINION

BISSETT, Justice.

This is a suit for damages to property resulting from the rupture of a storage tank that was filled with hot liquid asphalt. The Permian Corporation, plaintiff and cross-defendant, hereinafter called "Permian", sued Trumbull Asphalt Company of Delaware, defendant and cross-plaintiff, hereinafter called "Trumbull", seeking a recovery for the cost of putting its tank farm back into the condition that it was in prior to the rupture...

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