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SIPCO SER. MARINE v. WYATT FIELD SERV.

No. 01-91-00916-CV.

857 S.W.2d 602 (1993)

SIPCO SERVICES MARINE, INC. F/K/A Sipco Services, Inc., Appellant, v. WYATT FIELD SERVICE COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 1, 1993.

Attorney(s) appearing for the Case

J. Ben Shapiro, Jr., Shapiro, Fussell, Wedge & Smotherman, Atlanta, GA, Miles O. Smith, Houston, for appellant.

C. Aldine Hammaker, Hutcheson & Grundy, Houston, for appellee.

OPINION ON REHEARING

SAM BASS, Justice.

After a nonjury trial, the judge ruled for appellee (Wyatt) on its contract claim and awarded damages of $40,488 plus attorney's fees. We reform the judgment to make the award of attorney's fees to Wyatt on appeal to the supreme court conditional on Sipco's appeal being unsuccessful, and as reformed, we affirm.1

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