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ARGONAUT SOUTHWEST INSURANCE COMPANY v. MAUPIN

No. 11937.

485 S.W.2d 291 (1972)

ARGONAUT SOUTHWEST INSURANCE COMPANY, Appellant, v. Louise K. MAUPIN et al., d/b/a Maupin Construction Company, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied October 4, 1972.

Attorney(s) appearing for the Case

L. W. Anderson, Dallas, for appellant.

Huson, Clark & Thornton, Robert B. Thornton, Kampmann, Church & Burns, Harry J. Burns, San Antonio, for appellees.

PHILLIPS, Chief Justice.

Appellees entered into a contract with the State of Texas to make certain improvements to a state highway in Travis County. The contract required plaintiffs to obtain and furnish "borrow" material for the highway. "Borrow" is evidently dirt, rock or gravel or "fill."

Consequently, one of the Appellees entered into an agreement to purchase "borrow" material from Fred J. Kipper of Austin. Pursuant to this agreement, Appellees removed...

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