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DVORKEN v. LONE STAR INDUSTRIES, INC.

No. 2-87-023-CV.

740 S.W.2d 565 (1987)

Henry DVORKEN, Individually and as Independent Executor of the Estate of Mary Hutchison, Margaret Dvorken, Suzann M. Dvorken, and Michael J. Dvorken, Appellants, v. LONE STAR INDUSTRIES, INC. and Pioneer Concrete of Texas, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied December 9, 1987.

Attorney(s) appearing for the Case

Sherrill & Pace, D. D'Lynn Davison, Wichita Falls, for appellants.

Akin, Gump, Strauss, Hauer & Feld, Melinda G. Jayson, Dallas, and William A. Nobles, Decatur, for appellee Lone Star Industries, Inc.

Andrews & Kurth, Charles R. Haworth and Patrick E. Longan, Dallas, for appellee Pioneer Concrete of Texas, Inc.

Before FENDER, C.J., and JOE SPURLOCK, II and FARRIS, JJ.

OPINION

FENDER, Chief Justice.

Appellants, Dvorkens, filed suit against appellees, Lone Star Industries, Inc. and Pioneer Concrete of Texas, Inc., seeking (1) a declaratory judgment as to the validity and continued existence of a lease agreement, (2) partial recission, termination, or cancellation of said lease and (3) damages for defendants' breach of said lease agreement. The trial court granted appellees' Motion for Summary Judgment solely on the grounds...

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