TAYLOR FOUNDRY CO. v. WICHITA FALLS GRAIN

No. 2-00-172-CV.

51 S.W.3d 766 (2001)

TAYLOR FOUNDRY COMPANY, and Lloyd J. Taylor, Jr., Appellants, v. WICHITA FALLS GRAIN COMPANY, n/k/a Attebury Grain, Inc. and Fort Worth & Denver Railway Company n/k/a Burlington Northern Railroad Company, Appellees.

Court of Appeals of Texas, Fort Worth.

June 21, 2001.


Attorney(s) appearing for the Case

Cowles & Thompson, P.C., and Andrea Kuntzman Cataland and Sim D. Israeloff, Dallas, for Appellant.

Banner, Briley & White, L.L.P., and Jack G. Banner, Wichita Falls, for Appellee, Attebury.

McDonald Sanders, P.C., and Richard C. DeBerry, Fort Worth, for Appellee, Burlington Northern.

Panel B: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.


OPINION

HOLMAN, Justice.

Appellants Taylor Foundry Company (Taylor Foundry) and Lloyd J. Taylor, Jr. (Taylor) appeal the trial court's judgment granted in favor of Wichita Falls Grain Company n/k/a Attebury Grain, Inc. (Attebury) and Fort Worth & Denver Railway Company n/k/a Burlington Northern Railroad Company (Burlington Railroad). We affirm.

Factual and Procedural Background

In 1980, Attebury filed suit against Taylor Foundry for...

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