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HYGEIA DAIRY CO. v. GONZALEZ

No. 04-96-00651-CV.

994 S.W.2d 220 (1999)

HYGEIA DAIRY CO., Appellant, v. Abelardo GONZALEZ, Appellee.

Court of Appeals of Texas, San Antonio.

April 21, 1999.

Attorney(s) appearing for the Case

Paul W. Nye, Audrey Mullert Vicknair, Roberta S. Dohse, Chaves, Gonzales & Hoblit, L.L.P., Corpus Christi, for Appellant.

Clyde L. Wright, Jr., Dana W. Evans, Erck & Wright, L.L.P., Alice, Timothy Patton, Pozza & Patton, San Antonio, for Appellee.

Before PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice and KAREN ANGELINI, Justice, en banc.

ON APPELLEE'S MOTION FOR REHEARING EN BANC

Opinion by: TOM RICKHOFF, Justice.

Appellee's motion for rehearing en banc is granted. We withdraw the panel opinion of September 23, 1998 and substitute this en banc opinion in its place.

In this action over the sale of a herd of dairy cattle, we find error in the trial court's failure to instruct the jury on mitigation.

Hygeia Dairy Co. ("Hygeia") sold 51 head of dairy cattle to Abelardo...

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