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STATE FARM FIRE & CAS. CO. v. SIMMONS

Nos. D-4095, 94-1057.

977 S.W.2d 541 (1997)

STATE FARM FIRE & CASUALTY COMPANY, Petitioner, v. James and Cynthia SIMMONS, Respondents. MARITIME OVERSEAS CORPORATION, Petitioner, v. Richard ELLIS, Respondent.

Supreme Court of Texas.

July 9, 1997.

Attorney(s) appearing for the Case

Katherine (Hunt) Mackillop, Roger Townsend, Joy M. Soloway, William J. Boyce, Houston, for Petitioner in No. D-4095.

Linda Broocks, Thomas B. Greene, III, Houston, Joe R. Greenhill, Austin, Marc A. Antonetti, Jane A. Nenninger Bland, Houston, Margaret Niver McGann, Dallas, Sally Mann Romano, Houston, for Petitioner in No. 94-1057.

James C. Plummer, Houston, Larry Zinn, San Antonio, for Respondents in No. D-4095.

John M. O'Quinn, Gary M. Riebschlager, Eugene A. Cook, Kendall C. Montgomery, Maureen McPherson Spector, Joe H. Reynolds, Gael Plauche, Christian A. Steed, Houston, for Respondent in No. 94-1057.

Prior report: Tex.App., 857 S.W.2d 126.

Motion for rehearing granted.

CORNYN, Justice, dissenting on Granting of Motion for Rehearing, joined by SPECTOR, BAKER and ABBOTT, Justices.

Today, four members of the Court have voted to grant motions for rehearing of two applications for writ of error: State Farm Fire & Casualty Company v. Simmons, D-4095, and Maritime...

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