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UNIVERSAL SUR. OF AMERICA v. CENTRAL ELEC. ENTER. AND CO.

No. 04-96-00813-CV.

956 S.W.2d 627 (1997)

UNIVERSAL SURETY OF AMERICA, Appellant, v. CENTRAL ELECTRIC ENTERPRISES AND COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 24, 1997.

Attorney(s) appearing for the Case

Nancy Hesse Hamren, Coats, Rose, Yale, Holm, Ryman & Lee, P.C., Houston, for Appellant.

Leonard J. Gittinger, Jr., L. John Gittinger, III, Mark J. Kass, Gittinger & Gittinger, San Antonio, for Appellee.

Before LÓPEZ and GREEN JJ., and BLAIR REEVES, Chief Justice (Retired).

OPINION

BLAIR REEVES, Chief Justice (Retired).

The pivotal question in this appeal is whether a subcontractor has a cause of action as a consumer against a surety of the general contractor in a DTPA action.

HJG, a general contractor, was awarded a contract on a project of the San Antonio Housing Authority, a public entity. As required by law, HJG obtained a payment and performance bond, which it purchased from Universal Surety of America (USA). In...

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