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OLIVER v. ROGERS

No. 01-90-01124-CV.

976 S.W.2d 792 (1998)

N.J. OLIVER, R.B. Parker, and Texas State Optical of Meyerland, Appellants, v. S.J. ROGERS and N. Jay Rogers, Individually and d/b/a Texas State Optical; Pearle, Inc.; and Pearle Vision, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled July 9, 1998.

Attorney(s) appearing for the Case

Ernest R. Higginbotham, Dallas, Jay N. Gross, Louis Paine, Houston, for appellants.

Dennis Herlong, Houston, for appellees.

Before SCHNEIDER, C.J., and MIRABAL and PRICE, JJ.

OPINION

SCHNEIDER, Chief Justice.

Appellees, S.J. Rogers and N. Jay Rogers, individually and doing business as Texas State Optical have requested the Court to rehear this appeal. We overrule their motion for rehearing, but withdraw our former opinion and substitute this one in its place. Appellants, N.J. Oliver, R.B. Parker, and Texas State Optical of Meyerland (collectively "Oliver and Parker") were plaintiffs below. In three points of error, they appeal...

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