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SOUTHEREN BELL TELEPHONE CO. v. FDP CORP.

No. C-7551.

811 S.W.2d 572 (1991)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. FDP CORPORATION, Respondent.

Supreme Court of Texas.

June 19, 1991.

Attorney(s) appearing for the Case

Richard P. Keeton, Houston, Steve Selby, W. Page Keeton, Austin, Alex Guevara, Jr., Houston, for petitioner.

Theodore C. Flick, Jon Mercer, Houston, for respondent.

OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

Respondent's motion for rehearing is granted. Our opinion of March 6, 1991 is withdrawn, and the following is substituted in its place.

The issue in this case is whether a seller's partial failure to perform under a sales agreement may serve as the basis for a breach of warranty claim under the Texas Deceptive Trade Practice—Consumer Protection Act, Tex.Bus. § 17.41-17.63 (the ...

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