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CHAPIN & CHAPIN v. TEXAS SAND & GRAVEL

No. 07-90-0013-CV.

844 S.W.2d 754 (1991)

CHAPIN & CHAPIN, INC., Fidelity and Deposit Company of Maryland, and United States Fidelity and Guaranty Company, Appellants, v. TEXAS SAND & GRAVEL COMPANY, INC., Appellee.

Court of Appeals of Texas, Amarillo.

On Motion for Rehearing April 12, 1991.

Attorney(s) appearing for the Case

Burrow, Countiss & Williams, Richard N. Countiss, Houston, Kenneth E. Shollenbarger, Amarillo, Smith & Fleming, Robert O. Fleming, Jr., Atlanta, GA, for appellants.

Miller & Herring, Tad Fowler, Amarillo, for appellee.

Before DODSON, BOYD and POFF, JJ.

BOYD, Justice.

Appellee Texas Sand & Gravel Company, Inc. ("Texas Sand") sued appellants Chapin & Chapin, Inc., Fidelity and Deposit Company of Maryland, and United States Fidelity and Guaranty Company (collectively "Chapin") to recover money due for sand and gravel used in the construction of Interstate Highway 27 near Tulia. Following trial to a jury, the trial court granted Texas Sand's oral motion for instructed verdict and rendered judgment against Chapin...

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