GAGE v. TOM FAIREY CO.

No. 05-84-00868-CV.

692 S.W.2d 127 (1985)

Donald G. GAGE, Appellant, v. TOM FAIREY COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 10, 1985.


Attorney(s) appearing for the Case

Paul Schaumburg, Duncanville, for appellant.

Terrance Kendall, Austin, for appellee.

Before STEPHENS, ALLEN and McCLUNG, JJ.


STEPHENS, Justice.

This is an appeal from a trial court's order dismissing, with prejudice, a suit filed by Donald G. Gage against the Tom Fairey Company ("the Company") for damages under the Texas Deceptive Trade Practices Act, TEX.BUS. & COM.CODE ANN. § 17.46 (Vernon Supp.1985) ("DTPA"). The trial court concluded that the suit was barred by res judicata. We disagree and, accordingly, reverse and remand.

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