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TEXAS PAC. INDEM. CO. v. BUILDING MATERIAL DIST., INC.

No. 18211.

502 S.W.2d 922 (1973)

TEXAS PACIFIC INDEMNITY COMPANY, Appellant, v. BUILDING MATERIAL DISTRIBUTORS, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 1, 1973.

Attorney(s) appearing for the Case

Larry L. Gollaher, Thompson, Coe, Cousins, Irons & Porter, Dallas, for appellant.

Wm. Burrow, Burrow & Earls, Dallas, for appellee.

CLAUDE WILLIAMS, Chief Justice.

The former opinion of this court rendered on July 12, 1973 is withdrawn and the following substituted therefor.

Following trial on the merits judgment was rendered on December 18, 1972. Appellant Texas Pacific Indemnity Company timely filed its motion for new trial and its amended motion for new trial. Prior to hearing the motion the parties entered into three consecutive written agreements. The first agreement is as follows...

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