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  5. 736 S.W.2d 160 (1987)
 

McCOY v. NELSON UTILITIES SERVICES, INC.

No. 12-86-0041-CV.

736 S.W.2d 160 (1987)

George McCOY, Johnny McCoy, and R.J. Kelley, Appellants, v. NELSON UTILITIES SERVICES, INC., Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied September 28, 1987.

Attorney(s) appearing for the Case

Ben Corn, Stephens, Corn & Rosenstein, Tyler, for appellants.

Gordon Wellborn, Ron Adkison, Wellborn, Houston, Adkison, Mann, Sadler & Colley, Henderson, Ron Horsley, Tyler, for appellee.

ON MOTION FOR REHEARING

SUMMERS, Chief Justice.

Our opinion dated June 30, 1987, is withdrawn, and the following is substituted.

This case involves the question of damages arising out of the breach of a construction contract and the superior right to retainage. We reform the judgment and as reformed, affirm.

On December 22, 1982, appellant R.J. Kelley (Kelley), the owner of the Meadow Acres Subdivision...

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