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BLUEBONNET EXP. v. EMPLOYERS INS. OF WAUSAU

No. B14-82-128CV.

655 S.W.2d 327 (1983)

BLUEBONNET EXPRESS, INC., Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

June 9, 1983.

Attorney(s) appearing for the Case

Douglas S. Johnston, Houston, for appellant.

E. Ray Edwards, Houston, for appellee.

Before PAUL PRESSLER, MURPHY and ROBERTSON, JJ.

ON MOTION FOR REHEARING

MURPHY, Justice.

Appellee contends that in the absence of proper predicates to support Appellant's legal insufficiency points of error, this court must remand the case for a new trial instead of rendering judgment, citing J. Weingarten, Inc. v. Razey, 426 S.W.2d 538 (Tex.1968). In making this assertion, Appellee fails to recognize that Tex.R.Civ.P. 325 (Vernon 1977) was repealed in 1978,...

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