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VICTORE INS. CO. v. CITY OF BOWIE

No. 2-99-070-CV.

23 S.W.3d 499 (2000)

VICTORE INSURANCE COMPANY, Appellant, v. CITY OF BOWIE, Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

Publication Ordered June 1, 2000.

Attorney(s) appearing for the Case

Vernon & Duray, L.L.P., Michael P. Duray, Dallas, for appellant.

Brenda Rotramble, Decatur, for appellee.

Panel A: CAYCE, C.J.; DAY and DAUPHINOT, JJ.

OPINION ON REHEARING

CAYCE, Chief Justice.

I. Introduction

We grant Victore Insurance Company's motion for rehearing, withdraw our opinion and judgment of March 9, 2000, and substitute this opinion and judgment.

The primary issue we must decide in this appeal is whether Diamondback Construction, Inc., a public work contractor, acquired a property interest in the final payment due under its public work contract with the City of Bowie, Texas...

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