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J.P. BLDG. ENTERP. v. TIMBERWOOD DEVELOPMENT

No. 13-86-107-CV.

718 S.W.2d 841 (1986)

J.P. BUILDING ENTERPRISES, INC., and Steve Seiler, Appellants, v. TIMBERWOOD DEVELOPMENT COMPANY, Charles F. Kraus and G.G. Gale, Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied October 2, 1986.

Attorney(s) appearing for the Case

Mayo J. Galindo, San Antonio, for appellants.

John M. Killian, Pepos S. Dounson, Les Mendelsohn, San Antonio, for appellees.

Before NYE, C.J., and UTTER and SEERDEN, JJ.

OPINION

UTTER, Justice.

The opinion issued by this Court on August 29, 1986, is hereby withdrawn and the following is substituted therefor.

This is an appeal from a trial before the court in a declaratory judgment action, wherein the trial court entered a judgment that certain deed restrictions preclude appellants from subdividing two tracts of land. We reverse the declaratory judgment of the trial court and remand for trial on the issue of damages...

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