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SAFEWAY STORES, INC. v. CERTAINTEED CORP.

No. C-3838.

710 S.W.2d 544 (1986)

SAFEWAY STORES, INCORPORATED, Petitioner, v. CERTAINTEED CORPORATION and Certainteed Products Corp., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 18, 1986.

Attorney(s) appearing for the Case

George A. Staples, Jr., Hurst, Phillip W. Gilbert, Riddle & Brown, Russell W. Schell, Dallas, for petitioner.

Mike M. Tabor, Clark, West Keller, Butler & Ellis, Hollye C. Fisk, Greenberg, Benson, Fish & Fielder, Dallas, for respondents.

McGEE, Justice.

This case involves a contract for the sale of goods governed by the Texas Business & Commerce Code. Safeway Stores sued Certainteed Corporation and Certainteed Products Corporation for alleged breach of express and implied warranties in connection with roofing material affixed to Safeway's warehouse roof. The trial court granted an instructed verdict for Certainteed because Safeway failed to prosecute its claim within the statute of limitations...

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