TRACTEBEL ENERGY v. E.I. DU PONT DE NEMOURS

No. 14-02-00406-CV.

118 S.W.3d 929 (2003)

TRACTEBEL ENERGY MARKETING, INC. and Tractebel Power, Inc., Appellants, v. E.I. DU PONT DE NEMOURS AND COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 13, 2003.


Attorney(s) appearing for the Case

Laura Rowe, Houston, for appellants.

Charles T. Miers, John M. Ribarits, Houston, for appellees.

Panel consists of Chief Justice BRISTER and Justices FOWLER and FROST.


SUPPLEMENTAL OPINION ON MOTION FOR REHEARING

SCOTT BRISTER, Chief Justice.

In its motion for rehearing, DuPont argues we erred in our opinion in stating that both parties objected to the omission of a basic-assumption instruction from the impracticability question submitted to the jury. In fact, DuPont (whose defensive issue this was) objected to the question for omitting the basic-assumption instruction, and also sought a lower standard on foreseeability...

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