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CITY OF HOUSTON v. SAM P. WALLACE AND CO.

No. B-8192.

585 S.W.2d 669 (1979)

CITY OF HOUSTON, Petitioner, v. SAM P. WALLACE AND CO. et al., Respondents.

Supreme Court of Texas.

Rehearing Denied September 25, 1979.

Attorney(s) appearing for the Case

Robert M. Collie, Jr., City Atty., Dale M. Tingleaf, Asst. City Atty., Houston, for petitioner.

Wyckoff, Russell, Dunn & Frazier, Robert L. Adams and Clare K. Steadham, Houston, for respondents.

Fulbright & Jaworski, Sim Lake, Houston, for Precision Insulation Co.

POPE, Justice.

City of Houston complains of the trial court's denial of its motions for mistrial and new trial. It says the basis for the motions was that Maurice Little, its co-plaintiff in a suit against Sam P. Wallace Company, Inc., secretly made a settlement with Wallace Company just before final arguments and then changed his posture by arguing that City of Houston, rather than defendant Wallace Company, was at fault in causing City of Houston's property damages...

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