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STATE v. BUCKNER CONST. CO.

No. A14-85-130CV.

704 S.W.2d 837 (1985)

STATE of Texas, Appellant, v. BUCKNER CONSTRUCTION COMPANY, Appellee.

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

Rehearing Denied January 16, 1986.

Attorney(s) appearing for the Case

Delmar L. Cain, Asst. Atty. Gen., Austin, for appellant.

Robert S. Harrell, Roger Townsend, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION

SEARS, Justice.

This is an appeal from a judgment for $840,000 entered against Appellant for claims made by Appellee in connection with its contract with Appellant to paint a number of bridges on state roads. Following Appellant's filing of its Motion to Appeal, Appellee filed a Motion for Penalty for Frivolous Appeal under TEX.R.CIV.P. 438. We affirm the judgment of the trial court and deny the Motion for Penalty for Frivolous Appeal.

Appellee...

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