PEREZ v. TEXAS DISPOSAL SYSTEMS, INC.

No. 04-00-00676-CV.

103 S.W.3d 591 (2003)

Albert PEREZ, Jose Maldonado, and Raul Gutierrez, Appellants, v. TEXAS DISPOSAL SYSTEMS, INC., Appellee.

Court of Appeals of Texas, San Antonio.

February 5, 2003.


Attorney(s) appearing for the Case

W. Wendell Hall, Jeffrey Bryan, Rosemarie Kanusky, San Antonio, R. Michael Moore, Scott R. McLaughlin, Houston, Fulbright & Jaworski L.L.P., for Appellants.

Lawrence D. Smith, John J. Franco, Jr., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SARAH B. DUNCAN, Justice, SANDEE BRYAN MARION, Justice.


SUPPLEMENTAL OPINION ON REMAND

Opinion by: SANDEE BRYAN MARION, Justice.

On original submission, a panel of this court considered whether an employer who seeks to enforce a covenant not to compete may be awarded attorney's fees under Texas Business Code section 15.51 (the Covenant Not to Compete Act, the "Act") or under Texas Civil Practice and Remedies Code section 38.001(8)1 when...

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