HERON FIN. CORP. v. U.S. TESTING CO.

No. 03-95-00466-CV.

926 S.W.2d 329 (1996)

HERON FINANCIAL CORPORATION, Heron Residential Joint Venture I, and Montecito Joint Venture, Appellants v. UNITED STATES TESTING COMPANY, INC., CH & A Corporation, and Marshall & Stevens, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 31, 1996.


Attorney(s) appearing for the Case

Douglas W. Sanders, Oppenheimer, Blend, Harrison & Tate, San Antonio, for appellant.

Susan C. Scott, Akin, Gump, Strauss, Hauer and Feld, L.L.P., Austin, for U.S. Testing Co., Inc. and CH and A Corp.

Tracy N. Turner, McKenna and Cuneo, Dallas, for Marshall and Stevens, Inc.

Before ABOUSSIE, KIDD and DAVIS, JJ.


ABOUSSIE, Justice.

Appellants Heron Financial Corporation, Heron Residential Joint Venture I, and Montecito Joint Venture (collectively "Heron") sued appellees United States Testing Company ("U.S.Testing"), CH & A Corporation ("CH & A"), and Marshall & Stevens, Inc. ("Marshall"), alleging negligent misrepresentation and breach of contract. Appellees moved for summary judgment, claiming that the statute of limitations barred appellants' causes of action...

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