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  5. 968 S.W.2d 518 (1998)
 

ABRAHAM INVESTMENT CO. v. PAYNE RANCH, INC.

No. 07-96-0298-CV.

968 S.W.2d 518 (1998)

ABRAHAM INVESTMENT COMPANY, Appellant, v. PAYNE RANCH, INC., David P. Payne and Nona S. Payne Foundation, Inc., J.W. Campbell, Maltese Cross Cattle Company, John Blake O'Brien, and W.H. O'Brien, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled June 2, 1998.

Attorney(s) appearing for the Case

Joe L. Lovell, Garner, Lovell & Stein, Amarillo, for Appellant.

Bill W. Waters, Waters, Holt & Fields, Pampa, Joe W. Hayes, Templeton, Smithee, Hayes & Fields, Amarillo, for J.W. Campbell.

Robert H. Smith, Smith & Stone, Amarillo, for Payne Ranch.

Roger S. Cox, Sanders, Baker & Jesko, Amarillo, P. Michael Jung, James K. Peden, Strasburger & Price, Dallas, for Maltese, O'Briens.

Before BOYD, C.J., REAVIS, J., and REYNOLDS, Senior Justice.

ON MOTIONS FOR REHEARING

BOYD, Chief Justice.

J.W. Campbell (Campbell), the Maltese Cross Cattle Company (Maltese Cross), John Blake O'Brien, and W.H. O'Brien filed motions for rehearing. Their motions are granted and our opinion of March 5, 1998, is withdrawn and the following is substituted.

In nine points, appellant Abraham Investment Company (AIC) challenges a summary judgment in favor of Campbell, Maltese

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