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UNION PACIFIC R.R. v. NOVUS INTERN., INC.

No. 01-02-00102-CV.

113 S.W.3d 418 (2003)

UNION PACIFIC RAILROAD CO., Appellant, v. NOVUS INTERNATIONAL, INC., Appellee.

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

Rehearing Overruled July 11, 2003.

Attorney(s) appearing for the Case

Frederick M Knapp, Taylor M. Hicks, Stephen McBride Loftin, Hicks, Thomas & Lilienstern, L.L.P., Houston, James W. Bradford Jr., Angleton, Robert A. Long, Keith A. Noreika, Covington & Burling, Washington, D.C., for Appellant.

John R. Gilbert, Gilbert & Moore, Angleton, Kenneth Breitbeil, McFall, Sherwood & Breitbeil, P.C., Houston, Amy J. Thompson, Rebecca R. Jackson, BryanCave, L.L.P., St. Louis, MO, for Appellee.

Panel consists of Justices HEDGES, JENNINGS, and ELSA ALCALA.

OPINION

ELSA ALCALA, Justice.

This appeal concerns the right of appellee, Novus International, Inc. (Novus), to sue as a third-party beneficiary of a rail contract entered into between appellant, Union Pacific Railroad Co. (Union Pacific), and Union Carbide Co. (Carbide). The trial court granted Novus's cross-motion for partial summary judgment, which sought third-party-beneficiary status under the rail contract, and the jury awarded Novus $2,500,000 in...

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