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VALERO MARKETING & SUPPLY v. KALAMA INTERN.

No. 01-00-00143-CV.

51 S.W.3d 345 (2001)

VALERO MARKETING & SUPPLY COMPANY, Appellant, v. KALAMA INTERNATIONAL, Limited Liability Company, Appellee.

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

Rehearing Overruled June 1, 2001.

Attorney(s) appearing for the Case

William P. Maines, Houston, for appellant.

Richard M. Simses, Houston, for appellee.

Panel consists of Justices COHEN, JENNINGS, and DUGGAN.

OPINION

JENNINGS, Justice.

This is an appeal from a summary judgment disposing of a breach of contract complaint, rendered in favor of appellee, Kalama International, LLC. ("Kalama"). Appellant, Valero Marketing and Supply Company ("Valero"), complains the trial court erred in (1) granting Kalama's summary judgment motion and denying Valero's summary judgment motion; (2) considering "usage of trade" evidence and ignoring the existence of a fact issue on...

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