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HIGBIE ROTH v. HOUSTON SHELL & CONCRETE

No. 01-98-00316-CV.

1 S.W.3d 808 (1999)

HIGBIE ROTH CONSTRUCTION COMPANY, Appellant, v. HOUSTON SHELL & CONCRETE and Bullet Concrete Materials, Inc., Appellees.

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

Rehearing Overruled October 7, 1999.

Attorney(s) appearing for the Case

C. Henry Kollenberg, Jr., Houston, for Appellant.

Mark R. Lapidus, Houston, for Appellee.

Panel consists of Justices COHEN, HEDGES, and TAFT.

OPINION

TIM TAFT, Justice.

Appellant, Higbie Roth Construction Company, asks us to set aside a summary judgment in favor of appellees, Houston Shell & Concrete, and Bullet Concrete Materials, Inc., and to hold that Higbie's claims of "wrongful increase in workers' compensation premiums" constitute actionable tort in Texas. We affirm.

Facts and Procedural History

Higbie is a construction company that ordered cement from Houston Shell...

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