OPINION ON MOTION FOR REHEARING
OLIVER-PARROTT, Chief Justice.
Appellee's motion for rehearing is overruled. Our opinion of December 15, 1994, is withdrawn and the following is substituted in its place.
The appellant, Floyd W. Daigle, appeals from a motion for summary judgment granted in favor of the appellee, Phillips Petroleum Company. We reverse and remand for a trial on the merits.
Facts asserted in the summary judgment proof are as follows...
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