WAL-MART STORES, INC. v. McKENZIE

No. 98-1070.

997 S.W.2d 278 (1999)

WAL-MART STORES, INC., et al., Petitioners, v. Jeremiah McKENZIE, Respondent.

Supreme Court of Texas.

August 26, 1999.


Attorney(s) appearing for the Case

J. Preston Wrotenbery, Kevin D. Jewell, Houston, for Petitioners.

M. Keith Dollahite, Tyler, James D. Hankins, Palestine, for Respondent.


PER CURIAM.

We overrule McKenzie's motion for rehearing. We withdraw our opinion dated July 1, 1999, and substitute the following in its place.

The issue in this wrongful discharge case is whether the defendants waived their complaint that only equitable remedies are available in an action under former article 5221k of the Texas Revised Civil Statutes1 by not objecting to the submission of jury issues on compensatory and punitive...

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