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BROOKSHIRE BROTHERS, INC. v. SMITH

No. 01-02-00677-CV.

176 S.W.3d 30 (2004)

BROOKSHIRE BROTHERS, INC., Appellant, v. Wesley SMITH, Appellee.

Court of Appeals of Texas, First District, Houston.

Supplemental Opinion Denying Further Rehearing and Reconsideration February 17, 2005.

Attorney(s) appearing for the Case

Curtis W. Fenley III, Warren T. McCollum, Fenley & Bate, L.L.P., Lufkin, TX, for Appellant.

Alice Oliver-Parrott, Maria Teresa Arguindegui, Burrow & Parrott, L.L.P., Houston, TX, Reese Andrews, Nacogdoches, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.

Supplemental Opinion Denying Further Rehearing and En Banc Reconsideration February 17, 2005.

OPINION ON REHEARING

ELSA ALCALA, Justice.

Appellee, Wesley Smith, has filed a motion for rehearing and a motion for rehearing en banc of our opinion on rehearing, issued on December 31, 2003. Appellant, Brookshire Brothers, Inc. (Brookshire), has filed a response to both motions. We grant rehearing, withdraw our opinion of December 31, 2003, issue this...

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