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PARKS-DAVIS AUCTIONEERS, INC. v. T.O.K. CO.

No. 5946.

588 S.W.2d 837 (1979)

PARKS-DAVIS AUCTIONEERS, INC., et al., Appellants, v. T.O.K. COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 25, 1979.

Attorney(s) appearing for the Case

Herbert N. Lackshin and Bernus William Fischman, Lackshin & Nathan, Houston, Roy W. Hill, Fairfield, for appellants.

Robert H. Smith and Jerry K. Sawyer, Sanders, Saunders, Brian, Finney & Thomas, Amarillo, for appellee.

HALL, Justice.

Plaintiff-appellee T.O.K., Inc., and defendant-appellant Parks-Davis Auctioneers, Inc., executed a written contract dated November 30, 1974, and an amendment thereto dated September 30, 1975, for the excavation, removal and reconditioning of approximately 1,360,000 feet of an old petroleum products pipeline running through nine counties in east and central Texas. The line was composed of eight-inch and ten-inch steel pipe, except for a very small portion...

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