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OSTERBERG v. PECA

No. 97-1027.

12 S.W.3d 31 (2000)

Robert and Olga OSTERBERG, Petitioners, v. Peter S. PECA, Jr., Respondent.

Supreme Court of Texas.

Decided February 3, 2000.

Concurring Opinion February 8, 2000.

Attorney(s) appearing for the Case

Larry Zinn, San Antonio, John L. Hoestenbach, Odessa, for Petitioners.

Michael R. "Mick" Milligan, El Paso, for Respondent.

Concurring Opinion by Justice Gonzales, February 8, 2000.

Justice ABBOTT delivered the opinion of the Court with respect to parts I-IV and VI-XI, in which Justice HECHT, Justice OWEN, Justice BAKER and Justice GONZALES join, and a plurality opinion with respect to part V, in which Justice HECHT, Justice OWEN, Justice BAKER join.

We overrule the Osterbergs' motion for rehearing. We withdraw our opinion dated July 29, 1999, and substitute the following.

...

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