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CUSTOM CONTROLS CO. v. MDS QANTEL, INC.

No. 01-87-00282-CV.

746 S.W.2d 261 (1987)

CUSTOM CONTROLS CO., Appellant, v. MDS QANTEL, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 24, 1987.

Attorney(s) appearing for the Case

William A. Tillman, Tillman & Pribilski, Houston, for appellant.

Clarence E. Eriksen, Patricia N. Brantley, Greg M. Luck, Arnold, White & Durkee, Houston, for appellee.

Before EVANS, C.J., and SAM BASS and JACK SMITH, JJ.

OPINION

SAM BASS, Justice.

Appellant brought suit against Computer Results, Inc. ("Computer Results"), Mohawk Data Sciences Corp. ("Mohawk"), and MDS Qantel, Inc. ("Qantel") to recover damages for a defective computer system. Appellant non-suited Computer Results and tried its case against the remaining defendants to the court. At the close of appellant's case-in-chief, appellee moved for judgment, without resting its case, arguing that appellant had failed...

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