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F.S. NEW PRODUCTS v. STRONG INDUSTRIES

No. 01-01-00086-CV.

129 S.W.3d 606 (2004)

F.S. NEW PRODUCTS, INC. and Tesco American, Inc. d/b/a Tesco/Williamsen, Appellants, v. STRONG INDUSTRIES, INC. and Brooks Strong, Appellees.

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

February 5, 2004.

Attorney(s) appearing for the Case

Carlton D. Wilde, Jr., Sheila M. Wollam, Jeffrey D. Meyer, Franklin, Cardwell & Jones, P.C., Laura P. Haley, Campbell, Harrison & Wright, Thomas C. Wright, Wright Law Firm, Houston, for Appellants.

Robert B. Dubose, Cook & Roach, LLP, Stephen G. Tipps, Baker & Botts, L.L.P., Houston, for Appellees.

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

OPINION ON MOTION FOR REHEARING

LAURA C. HIGLEY, Justice.

Appellant Tesco American, Inc. d/b/a Tesco/Williamsen ("Tesco") has filed a motion for rehearing and a motion for rehearing en banc. We deny rehearing, but withdraw our opinion and judgment of September 11, 2003 and issue this new opinion in its stead. Accordingly, we deny the motion for rehearing en banc as moot.1

Appellees...

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