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TALLYHO PLASTICS, INC. v. BIG M CONST. CO.

No. 12-98-00266-CV.

8 S.W.3d 789 (1999)

TALLYHO PLASTICS, INC., Appellant, v. BIG M CONSTRUCTION COMPANY, Machinery Transportation, Inc. and Mark Robinson Bunt, Appellees.

Court of Appeals of Texas, Tyler.

December 29, 1999.

Attorney(s) appearing for the Case

Ken W. Good, Tyler, for appellant.

Curtis W. Fenley, Lufkin, for appellee Big M.

Clay Wilder, Henderson, Andy Tindel, Tyler, for appellees Machinery Transport & Blunt.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

OPINION ON MOTION FOR REHEARING

RAMEY, Chief Justice.

Appellees Machinery Transport, Inc. and Mark Robinson Bunt filed a motion for rehearing in this matter. They urged this Court to rehear its September 30, 1999, decision to render judgment in favor of Tallyho Plastics, Inc. against Machinery Transport and Bunt. We now grant their motion. This court's previous opinion of September 30, 1999, is withdrawn, and the following opinion issued.

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