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HARRIS v. ARCHER

No. 07-01-0071-CV.

134 S.W.3d 411 (2004)

Richard O. HARRIS, Individually and As Trustee of Richard O. Harris Profit Sharing Trust, Appellant, v. Richard K. ARCHER, M.D., Individually and As Trustee of the Richard K. Archer, M.D., P.A. Profit Sharing Plan & Trust and Reba Land, Inc., Appellees and Cross-Appellants v. Steve W. Sterquell, Individually and As Trustee of Steve W. Sterquell Profit Sharing Trust, Cross-Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled February 20, 2004.

Attorney(s) appearing for the Case

John Smithee, Templeton Smithee Hayes Heinrich & Russell, L.L.P., Amarilo, for appellant.

George Whittenburg, Whittenburg Whittenburg & Schachter P.C., and David Allison, Amarillo, for appellee.

Before JOHNSON, C.J., and QUINN, J., and BOYD, S.J.

OPINION ON MOTION FOR REHEARING

PHIL JOHNSON, Chief Justice.

We overrule the Motion for Rehearing of Richard K. Archer, M.D., Individually and as Trustee of the Richard K. Archer Profit Sharing Trust and Reba Land, Inc. We withdraw our prior opinion and issue this opinion in its place. Although Sterquell and Harris have remitted damages pursuant to the suggestion in our prior opinion, this opinion repeats the language suggesting remittitur for purposes of...

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