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LINGAFELTER v. SHUPE

No. 10-03-00113-CV.

154 S.W.3d 233 (2005)

John LINGAFELTER, et al., Appellants, v. Brent J. SHUPE, JCJ Trucking and Midwest Coast Transport d/b/a MCT, Appellees.

Court of Appeals of Texas, Waco.

January 5, 2005.

Attorney(s) appearing for the Case

Kevin B. Miller, Gerald D. Havemann, Law Office of Miller & Associates, San Antonio, for appellants.

Robert L. Ramey, Jack McKinley, Ramey, Chandler, McKinley & Zito, P.C., Houston, for appellees.

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

OPINION DENYING REHEARING

BILL VANCE, Justice.

Brent J. Shupe and Midwest Coast Transport d/b/a MCT ("MCT") urge in a motion for rehearing that we reconsider our opinion and judgment and affirm rather than reverse the judgment of the trial court. In an opinion dated November 17, 2004, we reversed the judgment and remanded this cause for a new trial because the trial court's failure to instruct on negligent entrustment, as requested by Appellants, was harmful...

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