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  5. 989 S.W.2d 479 (1999)
 

DETERING CO. v. GREEN

No. 01-98-00553CV.

989 S.W.2d 479 (1999)

The DETERING COMPANY, Appellant, v. Joe R. GREEN and Mary T. Green, Appellees.

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

April 22, 1999.

Attorney(s) appearing for the Case

Chuck Portz, Houston, for Appellant.

James B. Wesley, Harry Herzog, Houston, for Appellees.

Panel consists of Justices COHEN, HEDGES, and NUCHIA.

ON MOTION FOR REHEARING

ADELE HEDGES, Justice.

On this day, the Court considered appellees' motion for rehearing. The motion for rehearing is denied. However, we withdraw our opinion of April 1, 1999, and issue this opinion in its stead. The judgment dated February 25, 1999 remains unchanged.

Appellant, The Detering Company, filed a foreclosure of a mechanics' lien against appellees, Joe R. Green and Mary T. Green.1 The...

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