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W.H. McCRORY & CO. v. CONTRACTORS EQUIPMENT

No. 13944.

691 S.W.2d 717 (1985)

W.H. McCRORY & CO., INC., Appellant, v. CONTRACTORS EQUIPMENT AND SUPPLY COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied April 3, 1985.

Attorney(s) appearing for the Case

Arch M. Skelton, Besing, Murphy & Armstrong, Dallas, for appellant.

Gary W. Javore, Gregory B. Grigsby, Johnson & Christopher, San Antonio, for appellee.

Before SHANNON, C.J., and EARL W. SMITH and GAMMAGE, JJ.

ON MOTION FOR REHEARING

SHANNON, Chief Justice.

Our opinion of December 12, 1984, is withdrawn and the following opinion is handed down in lieu thereof.

Appellant W.H. McCrory & Co., Inc., seeks to set aside a take-nothing judgment rendered by the district court of Travis County upon appellee Contractors Equipment and Supply Company's (CESCO) motion for judgment non obstante veredicto. This Court will affirm the judgment.

McCrory pleaded...

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