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CONSOLIDATED PETROLEUM v. TINDLE

No. 12-03-00308-CV.

168 S.W.3d 894 (2005)

CONSOLIDATED PETROLEUM, PARTNERS, I, LLC, Appellant, v. Frank TINDLE, Appellee.

Court of Appeals of Texas, Tyler.

June 8, 2005.

Attorney(s) appearing for the Case

Tom C. McCall, for appellant.

A. James Lynn, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.

OPINION DENYING MOTION FOR REHEARING

SAM GRIFFITH, Justice.

Consolidated Petroleum Partners I, L.L.C. filed an amended motion for rehearing, which is denied. We withdraw our opinion dated April 29, 2005 and substitute the following opinion in its place.

Consolidated appeals the trial court's partial summary judgment entered in favor of Tindle.1 Consolidated raises four issues on appeal. We affirm.

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