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MR. PENGUIN TUXEDO RENTAL & SALES, INC. v. NCR CORP.

No. 11-89-226-CV.

777 S.W.2d 800 (1989)

MR. PENGUIN TUXEDO RENTAL & SALES, INC., Appellant, v. NCR CORPORATION and Sanders Bailey, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Denied September 14, 1989.

Attorney(s) appearing for the Case

John Weeks, Burke, Lindsey, Weeks & McDurmitt, Abilene, Richard L. Perez, Perez & McNabb, Orinda, Cal., Douglas A. Cawley, Kevin C. Nash, Johnson & Gibbs, Dallas, for appellant.

E. Lee Haag, Don Anderson, Whitten, Hacker, Hagin, Anderson & Rucker, Abilene, for appellees.

OPINION

PER CURIAM.

The controlling issue is whether the motion for new trial was timely filed. Mr. Penguin Tuxedo Rental & Sales, Inc. sued NCR Corporation and Sanders Bailey to recover damages Mr. Penguin allegedly incurred when a computer system it purchased from NCR failed to perform. The trial judge signed a summary judgment in favor of NCR and Bailey on March 24, 1989. Pursuant to TEX.R.CIV.P. 4 and 329b, the motion for new trial was due to be...

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