GRAVES v. GEORGE DULLNIG & CO.

No. 4973.

548 S.W.2d 502 (1977)

Carol J. GRAVES et al., Appellants, v. GEORGE DULLNIG & CO. et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 17, 1977.

Second Motion for Rehearing Denied April 14, 1977.


Attorney(s) appearing for the Case

Gary A. Beahm, San Antonio, for appellants.

G. Thomas Coghlan, Stephen E. Walraven, Charles R. Shaddox, San Antonio, for appellees.


ON MOTION FOR REHEARING

WALTER, Justice.

Our opinion and judgment rendered on February 3, 1977, are set aside.

In the appellees' motion for rehearing, they assert the deposition of Randolph Coleman has never been signed, has never been filed, was not relied on in the court below, and is not part of the record in this case.

In George Dullnig & Company and Randolph Coleman's motion for summary judgment, they assert:

"In support...

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