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  5. 758 S.W.2d 684 (1988)
 

JOHN B. BARBOUR TRUCKING CO. v. STATE

No. 3-87-206-CV.

758 S.W.2d 684 (1988)

JOHN B. BARBOUR TRUCKING COMPANY, et al., Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied October 19, 1988.

Attorney(s) appearing for the Case

Barbara J. Lipscomb, Brown, Maroney, Rose, Barber & Dye, Austin, for appellants.

Jim Mattox, Atty. Gen., Jerili R. Little, Asst. Atty. Gen., Austin, for appellee.

Before POWERS, BRADY and ABOUSSIE, JJ.

POWERS, Justice.

Barbour Trucking Company and its surety, Aetna Insurance Company, appeal from a judgment recovered by the State of Texas in its suit against them for property damage.1 We will reverse the trial-court judgment and render judgment that the State take nothing by its suit.

THE CONTROVERSY

Otis E. Conner, in the course and scope of his employment by Jefferson Truck

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