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SUTTLES v. THOMAS BEARDEN CO.

No. 01-02-01077-CV.

152 S.W.3d 607 (2004)

Tracy SUTTLES and TS — Clare, Inc., Appellants, v. THE THOMAS BEARDEN COMPANY, Appellee.

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

Rehearing and Rehearing Overruled January 10, 2005.

Attorney(s) appearing for the Case

Scott Douglas Cunningham, Cunningham Law Firm, Houston, TX, for Appellant.

Joe Steven Stewart, Houston, TX, for Appellee.

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

Rehearing and En Banc Rehearing Overruled January 10, 2005.

OPINION ON MOTION FOR REHEARING

LAURA CARTER HIGLEY, Justice.

Appellee, The Thomas Bearden Company ("TBC") has filed a motion for rehearing and first supplemental motion for rehearing. We grant rehearing, withdraw our opinion of February 26, 2004, issue this new opinion in its stead, and vacate our February 26, 2004 judgment.

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