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  5. 597 S.W.2d 515 (1980)
 

STERLING CONST. CO. v. WEST TEXAS EQUIPMENT CO.

No. 9090.

597 S.W.2d 515 (1980)

STERLING CONSTRUCTION COMPANY, INC., Appellant, v. WEST TEXAS EQUIPMENT COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

March 26, 1980.

Attorney(s) appearing for the Case

Culton, Morgan, Britain & White, William H. Brian, Jr., Amarillo, for appellant.

Gibson, Ochsner & Adkins, Marvin W. Jones, Amarillo, for appellee.

COUNTISS, Justice.

This appeal from a judgment awarding appellee, West Texas Equipment Company, Inc., recovery against appellant, Sterling Construction Company, Inc.,1 for uncollected sales tax and attorney's fees requires us to determine whether (1) Sterling raised a fact issue on its affirmative defense of fraud and (2) the evidence will support the award of attorney's fees to West Texas. We answer both questions in the negative, affirm...

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