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HEXCEL CORP. v. CONAP, INC.

No. 2-87-153-CV.

738 S.W.2d 359 (1987)

HEXCEL CORPORATION, Appellant, v. CONAP, INC., Cook Paint and Varnish Company, Flexible Products Company, B.F. Goodrich Company, NCH Corporation, Mr. Plastics and Coatings, Inc. and Mr. Plastics of Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

October 8, 1987.

Attorney(s) appearing for the Case

Maxwell, Godwin & Carlton, and Keith A. Glover, Dallas, for appellant Hexcel.

Stradley, Schmidt, Stephens & Wright, and Max E. Freeman, II, Dallas, for third party defendant, Cook Paint.

Jones, Day, Reaves & Pogue, and Frank J. Fox, Jr., Dallas, for third party defendant and fourth party plaintiff, B.F. Goodrich.

Settle & Settle, Peveril O. Settle III, Fort Worth, for third party plaintiff, NCH Corp.

Cowles & Thompson, and Michael L. Huddleston, Dallas, for third party defendant, Flexible Prod.

Touchstone, Bernays, Johnston, Beall & Smith, and Ronald W. Johnston, Dallas, for fourth party defendant Synair.

Before HILL, FARRIS and KELTNER, JJ.

OPINION ON MOTION TO DISMISS APPEAL

KELTNER, Justice.

B.F. Goodrich filed a motion to dismiss the appeal of Hexcel Corporation for Hexcel's failure to give notice of filing of its cost bond in violation of TEX.R.APP.P. 46(d).

We grant the motion to dismiss.

The facts in this case are typical of a growing problem facing appellate courts. The record is clear that required notice of filing the cost bond was not timely given by Hexcel (appellant...

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