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BARKER v. ECKMAN

No. 01-01-00079-CV.

213 S.W.3d 360 (2004)

Emzy T. BARKER, III and Ava Barker, d/b/a Brushy Creek Brahman Center and Brushy Creek Custom Sires, Appellants v. Walter W. ECKMAN, Individually and as Nominee and Trustee of The Eckman Family Trust; Eckman, Inc.; and Larry Eckman, Appellees.

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

January 22, 2004.

Attorney(s) appearing for the Case

Elaine A.G. Carlson, South Texas College of Law, Richard P. Hogan, Hogan, Dubose & Townsend, L.L.P., J. Brett Busby, Mayer, Brown, Rowe & Maw, LLP, Sean Gorman, Nathan Sommers Lippman, Kevin Dubose, Alexander Dubose Jones & Townsend, LLP, Houston, TX, for appellants.

Robert L. Ketchand, Boyer Ewing, Inc., Houston, TX, for appellees.

Panel consists of Chief Justice RADACK and Justices NUCHIA and HEDGES.

MEMORANDUM OPINION ON REHEARING

SHERRY RADACK, Chief Justice.

Appellants Emzy T. Barker, III and Ava Barker have filed a motion for rehearing and motion for en banc reconsideration. We grant their motion for rehearing, withdraw our January 23, 2003 opinion, vacate our January 23, 2003 judgment, and dismiss as moot the motion for en banc reconsideration. See Butler v. State, 6 S.W.3d 636, 637 n. 1 (Tex.App.-Houston...

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