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McMANUS-WYATT PROD. CO. INC. v. TEXAS DEPT. OF AGR.

No. 03-03-00580-CV.

140 S.W.3d 826 (2004)

McMANUS-WYATT PRODUCE CO., INC. d/b/a McManus-Wyatt Produce Marketing Co., Inc., Appellant, v. TEXAS DEPARTMENT OF AGRICULTURE PRODUCE RECOVERY FUND BOARD; Eddy Carnes; Carnes Farms, Inc.; and Allen Carnes, Appellees.

Court of Appeals of Texas, Austin.

July 1, 2004.

Attorney(s) appearing for the Case

Carl A. Parker and Donald W. Dickson II, Parker & Parks, LLP, Austin, for Appellant.

Thomas A. Harwood, Uvalde, for Carnes.

George C. Noelke, Asst. Atty. Gen., Austin, for Texas Department of Agriculture Produce Recovery Fund Board.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

MACK KIDD, Justice.

Appellant McManus-Wyatt Produce Co., Inc. (McManus) appeals from an order of the district court affirming a decision in favor of the Texas Department of Agriculture Produce Recovery Fund Board (the Board), Eddy Carnes, Carnes Farms, Inc., and Allen Carnes.1 Carnes filed a breach-of-contract complaint against McManus with the Board, which awarded Carnes $35,000 to be paid out of the State's Produce...

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