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JOHNSON v. WHITNEY SAND AND GRAVEL

No. 10-90-137-CV.

828 S.W.2d 801 (1992)

Everett JOHNSON, et al., Appellants, v. WHITNEY SAND AND GRAVEL, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied April 29, 1992.

Attorney(s) appearing for the Case

Joe Alfred Izen, Jr., Bellaire, for appellants.

Patrick D. Millar, Mills, Riley, Millar & Matkin, Beverly Willis Bracken & David G. Tekell, Naman, Howell, Smith & Lee, Waco, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

THOMAS, Chief Justice.

This appeal, which is submitted only on the transcripts, involves the so-called "death-penalty" sanction for discovery abuse. See Tex.R.Civ.P. 215(2)(b)(5).

BACKGROUND

In 1985, Everett and Lee Johnson bought sand and other materials from Whitney Sand and Gravel, Inc. Whitney sued the Johnsons when they failed to pay for the goods. The Johnsons filed a counterclaim alleging that Whitney had damaged their...

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