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A. F. CONNER & SONS, INC. v. TRI-COUNTY, ETC.

No. B-6343.

561 S.W.2d 466 (1978)

A. F. CONNER AND SONS, INC., et al., Petitioners, v. TRI-COUNTY WATER SUPPLY CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Denied March 1, 1978.

Attorney(s) appearing for the Case

Haley, Fulbright, Winniford, Bice & Davis, John W. Fulbright, Wilson, Olson, Stem & Farr, Lyndon L. Olson, Waco, for petitioner.

Clark, Fisher, Gorin, McDonald & Ragland, Leonard L. Gorin, Waco, Robert G. Carter, Marlin, for respondent.

ON MOTION FOR REHEARING

STEAKLEY, Justice.

Our prior opinion delivered under date of September 27, 1977, is withdrawn and the following opinion is substituted therefor.

Tri-County Water Supply Corporation sued A. F. Conner and Sons, Inc., and Fidelity & Deposit Company of Maryland, the surety on Conner's performance bond, for damages resulting from Conner's alleged breach of a contract to construct a water

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