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  5. 779 S.W.2d 102 (1989)
 

COMMERCIAL UNION INS. CO. v. LA VILLA INDEPENDENT SCH. DIST.

No. 13-88-642-CV.

779 S.W.2d 102 (1989)

COMMERCIAL UNION INSURANCE COMPANY and Tocon Construction Corporation, Appellants, v. LA VILLA INDEPENDENT SCHOOL DISTRICT, Appellee. and LA VILLA INDEPENDENT SCHOOL DISTRICT, Appellant, v. Bill CAUDLE, Sr., Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied November 9, 1989.

Attorney(s) appearing for the Case

H. Hollis Rankin, III, Mullin & Rankin, McAllen, for appellants.

Raymundo Lopez, Garcia & Lopez, Edinburg, for appellee.

Before UTTER, SEERDEN and BENAVIDES, JJ.

OPINION

UTTER, Justice.

La Villa Independent School District (La Villa), brought suit against Commercial Union Insurance Company (Commercial), Tocon Construction Corporation (Tocon), and Bill Caudle, Sr., alleging numerous theories of recovery as to each defendant for problems that developed with respect to a gymnasium that Tocon constructed. Commercial filed a performance bond on this project in favor of La Villa, and Caudle was the president, chief executive...

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