AUCHAN USA, INC. v. HOUSTON LIGHTING & POWER CO.

No. 01-95-01030-CV.

961 S.W.2d 197 (1996)

AUCHAN USA, INC., Successor in Interest to Texfield, Inc., d/b/a Auchan Hypermarket, Appellant, v. HOUSTON LIGHTING & POWER CO., Appellee.

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

Rehearing Overruled September 23, 1997.


Attorney(s) appearing for the Case

Larry L. Gollaher, J.E. Ted Turner, Dallas, for Appellant.

Bill Kroger, Houston, for Appellee.

Before MIRABAL, and HEDGES and PRICE, JJ.


OPINION

PRICE, Justice.

This is an appeal from a partial summary judgment granted in favor of appellee, Houston Lighting & Power Company (HL & P). Appellant, Auchan USA, Inc. (Auchan), appeals on the basis that there were genuine issues of material fact as to the reasonableness of the tariff's limitation of liability in its contract for electricity with HL & P. We reverse.

Summary of Facts

This suit is a subrogation action brought...

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