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LEON SPRINGS GAS CO. v. REST. EQUIP. LEAS. CO.

No. 04-97-00173-CV.

961 S.W.2d 574 (1997)

LEON SPRINGS GAS CO. d/b/a Rudy's Country Store & Bar-B-Q, Appellant, v. RESTAURANT EQUIPMENT LEASING CO., Appellee.

Court of Appeals of Texas, San Antonio.

December 17, 1997.

Attorney(s) appearing for the Case

Robert John Myers, Hector Gonzalez, III, Robert John Myers & Associates, San Antonio, for Appellant.

Kevin M. Warburton, Holmes T. Bennett, Gardner & Ferguson, Inc., San Antonio, for Appellee.

Before HARDBERGER, C.J., and LÓPEZ and ANGELINI, JJ.

OPINION

LOPEZ, Justice.

This appeal concerns the effect of plaintiff's nonsuit under Rule 162 on defendant's pending claim for attorney's fees on a breach of contract claim and pursuant to a counterclaim for sanctions. For the reasons stated in this opinion, we affirm in part, and reverse and remand the remainder of the case to the trial court for further proceedings.

Facts

Restaurant Equipment Leasing Company ("Restaurant Equipment") leased...

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