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RHEINER v. VARNER

No. 1403.

627 S.W.2d 459 (1981)

Dan J. RHEINER, d/b/a D. J. Rheiner Construction Company, et al., Appellants, v. Hugh VARNER, et al., Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Denied February 4, 1982.

Attorney(s) appearing for the Case

Richard Hayes, Harry J. Burns, Richard P. Corrigan, Ronald Hornberger, San Antonio, for appellants.

J. Michael English, Larry Murphree, San Marcos, Jonathan Yedor, San Antonio, Charles E. Blackley, New Braunfels, Keith O'Gorman, San Antonio, for appellees.

SUMMERS, Chief Justice.

The genesis of this lawsuit was the construction of a shopping center in Hays County, Texas. The owners of the center, W. C. Carson, Ronald O. Wilson, Frank Corte, and their corporation, San Marcos North Diversified, Inc., entered into a construction contract with Dan J. Rheiner, d/b/a D. J. Rheiner Construction Co. (general contractor). The general contractor entered into subcontracts with Hugh Varner (Varner) for the underground utility work...

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