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EMERALD FOREST UTILITY DIST. v. SIMONSEN CONST.

No. C14-83-828CV.

679 S.W.2d 51 (1984)

EMERALD FOREST UTILITY DISTRICT, Appellant, v. SIMONSEN CONSTRUCTION COMPANY, INC., Appellee.

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

July 19, 1984.

Attorney(s) appearing for the Case

Michael T. Powell, W. Briscoe Swan, Houston, for appellant.

Hayden Burns, Brian Bro, Houston, for appellee.

Before PRESSLER, ROBERTSON and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

A predecessor to the rights of appellant hired Irving L. Peabody Engineers, Inc. to design an underground sewer system. Appellant contracted with appellee to construct the line according to Peabody's plans and specifications. The line failed soon after its completion and Appellant sued both Peabody and Appellee. The evidence showed that after appellee began construction, it encountered very wet sand conditions. There was testimony...

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