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BYNUM v. PRUDENTIAL RESIDENTIAL SERV.

No. 01-02-00747-CV.

129 S.W.3d 781 (2004)

Jimmy and Hillary BYNUM, Individually and as Next Friends of Minor Children Thomas and Clark Bynum, Appellants, v. PRUDENTIAL RESIDENTIAL SERVICES, LIMITED PARTNERSHIP, d/b/a Moran, Stahl & Boyer; Moran Stahl & Boyer, Limited Partnership, d/b/a Prudential Relocation, d/b/a Prudential Relocation Intercultural Services, Limited Partnership d/b/a Prudential Relocation Limited Partnership, d/b/a Prudential Relocation, Limited Partnership, d/b/a Prudential Resources Management and d/b/a Prudential Resources Management, Limited Partnership; Prudential Homes Corporation d/b/a Prudential Relocation; and John and Susan McNamara, Appellees.

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

March 11, 2004.

Attorney(s) appearing for the Case

Elizabeth Ann Wiley, Andrews & Kurth, Joe C. Holzer, Andrews & Kurth LLP, Houston, TX, for Appellant.

Charles Portz, Michael J. Reviere, Richard T. Stilwell, Fulbright & Jaworski, L.L.P., Rachel Clingman, Fulbright & Jaworski, Houston, TX, for Appellee.

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

OPINION ON MOTION FOR REHEARING

SHERRY RADACK, Chief Justice.

On this day, the Court considered appellants' motion for rehearing. The motion is DENIED. However, we withdraw our previous opinion of November 10, 2003, and issue this opinion in its stead. Our judgment of November 10, 2003, remains unchanged.

Appellants, Jimmy and Hillary Bynum, individually and as next friends of their minor children, Thomas and Clark Bynum, sued various...

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