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BUILDERS TRANSPORT, INC. v. GRICE-SMITH

No. 10-01-00130-CV.

167 S.W.3d 18 (2005)

BUILDERS TRANSPORT, INC. ("BTI"), Appellant, v. Loretta Yvette GRICE-SMITH, Individually, and as the Representative of the Estate of Roy Cell Smith, Jr., Deceased, et al., Appellees.

Court of Appeals of Texas, Waco.

May 25, 2005.

Attorney(s) appearing for the Case

Stephen G. Tipps, Baker Botts, LLP, Houston, Joseph H. Pedigo, Bellaire, for appellant.

Alton C. Todd, Law Office of Alton C. Todd, Friendswood, Anthony P Griffin, Anthony P. Griffin, Inc., Galveston, Dale Williams, Williams, Squires & Wren, Waco, Joseph M. Nixon, Phillips & Akers, Houston, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION ON REHEARING

PER CURIAM.

In our opinion and judgment dated March 9, 2005, we reversed the judgment of the trial court as to Defendant/Appellant Builders Transport, Inc. but did not disturb the judgment as to Defendant John Alfred Landry, who did not perfect an appeal. Despite Builders Transport's request that we reverse the judgment in its entirety, we held that such action was unnecessary because Landry could "be designated as a responsible third...

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