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  5. 695 S.W.2d 362 (1985)
 

TARLETON STATE UNIVERSITY v. K.A. SPARKS, ETC.

No. 10-85-015-CV.

695 S.W.2d 362 (1985)

TARLETON STATE UNIVERSITY, Appellant, v. K.A. SPARKS CONTRACTOR, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied September 5, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., David R. Richards, Executive Asst. Atty. Gen., J. Patrick Wiseman, Chief Asst. Atty. Gen., Elizabeth R. Todd, Kevin T. O'Hanlon, Asst. Attys. Gen., Austin, for appellant.

Jana Ward, Swift, Brockermeyer, Bell & Ward, Fort Worth, for appellee.

OPINION

JAMES, Justice.

This appeal arises out of a contractual dispute between Appellant and Appellee over water damage to the gymnasium floor of the Physical Education Building at Tarleton State University. Plaintiff-Appellant Tarleton State University sued Defendant-Appellee K.A. Sparks Contractor, Inc. in contract and tort to recover the cost of repairing the damaged gymnasium floor plus pre-judgment interest and attorney's fees. The contractor defended...

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