POTTER v. KAUFMAN & BROAD HOME SYS. OF TEX.

No. 04-03-00169-CV.

137 S.W.3d 701 (2004)

Carl POTTER, et al., Appellants, v. KAUFMAN & BROAD HOME SYSTEMS OF TEXAS, INC., et al., Appellees.

Court of Appeals of Texas, San Antonio.

April 28, 2004.


Attorney(s) appearing for the Case

Daniel R. Rutherford, Rutherford Rutherford & Bettersworth, P.L.L.C., San Antonio, for appellants.

Erin McNiece Strimple, David P. Benjamin, O'Connell & Benjamin, L.L.P., Robert L. Soza, Jenkens & Gilchrist, P.C., Robert J. Perez, Shelton & Valadez, P.C., Todd A. Prins, Law Office of Todd A. Prins, San Antonio, J. Morgan Broaddus, III, Harrel L. Davis, III, Krafsur Gordon Mott, P.C., El Paso, James Campbell Kean, Benthul, Kean & Woodruff, L.L.P., Houston, for appellees.

Sitting: ALMA L. LOPEZ, Chief Justice, CATHERINE STONE, Justice, and PAUL W. GREEN, Justice.


OPINION

Opinion by PAUL W. GREEN, Justice.

This appeal arises from a "sham recycling" case. Appellants Carl Potter, Chris Potter and C & K Materials ("Potters") filed suit against several defendants, including appellee Kaufman & Broad Home Systems of Texas, Inc. ("Kaufman"), seeking reimbursement for fines and cleanup costs associated with an order issued against the Potters by the Texas Commission on...

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