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COHEN v. RAINS

No. 2-87-115-CV.

769 S.W.2d 380 (1989)

David M. COHEN, Appellant, v. Raymond L. RAINS, Donald W. Moore, Al Curry, and Tim Curry, Appellees.

Court of Appeals of Texas, Fort Worth.

April 27, 1989.

Attorney(s) appearing for the Case

Robin Harrison, Miller, Keeton, Bristow & Brown, Houston, Jonathan Nelson, Fort Worth, for appellant.

Jim Lane, Lane, Lane, Ware & Bays, Joseph Colvin, Anne Gardner, Shannon, Gracey, Ratliff & Miller, Terry Gardner, Gardner & Kearney, H.G. Wells, Wells, Williford & Felber, Fort Worth, for appellees.

Before JOE SPURLOCK, II, FARRIS and HOPKINS (Retired, Sitting by Assignment), JJ.

OPINION ON REHEARING

HOPKINS, Justice (Retired, Sitting by Assignment).

Motions for rehearing have been filed by appellant and by appellees. Although we deny both motions for rehearing, in order to clarify our prior holding in this case we hereby withdraw our opinion and judgment of November 23, 1988, and substitute this Opinion on Rehearing.

Appellant, David M. Cohen,1 appeals from a judgment decreeing that he take nothing...

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