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TRI-M ERECTORS, INC. v. CLEARWATER CONSTRUCTORS, INC.

No. 3-89-059-CV.

788 S.W.2d 906 (1990)

TRI-M ERECTORS, INC., Appellant, v. CLEARWATER CONSTRUCTORS, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 6, 1990.

Attorney(s) appearing for the Case

Felicia M. Sanov, Peter Kreisner & Associates, Austin, for appellant.

Kate H. Mai, Fulbright & Jaworski, San Antonio, for appellee.

Before POWERS, JONES and EARL W. SMITH (Retired), JJ.

JONES, Justice.

Tri-M Erectors, Inc. (Tri-M), plaintiff below, appeals from a final judgment ordering its case dismissed with prejudice as a discovery sanction after it had filed a voluntary notice of nonsuit. Appellee is Clearwater Constructors, Inc. (Clearwater), defendant below. We will affirm the judgment of the trial court.

In 1987, Tri-M sued Clearwater for breach of contract. On September 1, 1988, Clearwater...

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