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EAGLE TRUCKING CO. v. TEXAS BITULITHIC CO.

Nos. 1215, 1215-A.

590 S.W.2d 200 (1979)

EAGLE TRUCKING COMPANY et al., Appellants, v. TEXAS BITULITHIC COMPANY et al., Appellees, and Johnnie Wesley GUIN et al., Appellants, v. EAGLE TRUCKING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied November 29, 1979.

Attorney(s) appearing for the Case

Blake C. Erskine, Kenley, Boyland, Coghlan & Erskine, Longview, Blake Bailey, Wellborn, Houston, Bailey & Perry, Henderson, for appellants.

Melvin R. Wilcox, III, Otto A. Ritter, Roberts, Harbour, Smith, Harris, French & Ritter, Longview, Michael A. Hatchell, Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, Tyler, for appellees.

McKAY, Justice.

These are two separate appeals from a single judgment of the district court in Gregg County. One appeal was taken to the Court of Civil Appeals for the Sixth Supreme Judicial District and one to this Court; they were consolidated in this Court by the Supreme Court.

The case arose from a collision between two trucks on Farm-to-Market Road 2011 south of Longview, Texas. A dump truck driven by Johnnie Wesley Guin, travelling north, rounded a curve...

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