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GARCIA v. NATIONAL ELIGIBILITY EXPRESS

No. 01-98-01328-CV.

4 S.W.3d 887 (1999)

Steve A. GARCIA, Appellant, v. NATIONAL ELIGIBILITY EXPRESS, INC., Appellee.

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

October 14, 1999.

Attorney(s) appearing for the Case

Gerald K. Payte, Gloria Jean Kologinczak, Houston, for Appellant.

Ronald J. Christopher, Houston, for Appellee.

Panel consists of Justices COHEN, O'CONNOR, and WILSON.

OPINION ON REHEARING

MURRY B. COHEN, Justice.

We grant the rehearing motion of appellee, National Eligibility Express, Inc. (NEE), withdraw our opinion dated June 17, 1999, and substitute this opinion in its place. We modify the judgment to delete an award of attorney's fees and post-judgment interest to NEE and affirm the judgment as so modified.

Background

Garcia appeals a summary judgment that he take nothing on his claims for breach...

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