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SCHEIN v. AMERICAN RESTAURANT GROUP

No. D-2518.

852 S.W.2d 496 (1993)

Clifford SCHEIN d/b/a J & B Cash Express, Petitioner, v. AMERICAN RESTAURANT GROUP, INCORPORATED, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 3, 1993.

Attorney(s) appearing for the Case

Mr. Shawn M. Frazin, Dallas, for petitioner.

Cynthia L. Stagner, Sherman, for respondent.

PER CURIAM.

The issue this court must decide is whether sanctions barring the introduction of certain evidence and documents for failure to timely respond to a discovery request survives a nonsuit. The trial court granted summary judgment for American Restaurant Group, Inc. (American Restaurant) based upon the applicability of sanctions imposed in an earlier suit. The Court of Appeals affirmed. 828 S.W.2d 307. We reverse the judgment...

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