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FAIRMONT SUPPLY CO. v. HOOKS INDUS., INC.

No. 01-03-01129-CV.

177 S.W.3d 529 (2005)

FAIRMONT SUPPLY COMPANY, Appellant, v. HOOKS INDUSTRIAL, INC., Appellee. Hooks Industrial, Inc., Appellant, v. Fairmont Supply Company, Appellee.

Court of Appeals of Texas, First District, Houston.

Rehearing Overruled September 2, 2005.

Attorney(s) appearing for the Case

Craig H. Clendenin, The Ballard Law Firm, Houston, TX, for Appellant.

George Diaz-Arrastia, Ruth Ellen Shapiro, Andrew C. Schirrmeister, III, Schirrmeister Diaz-Arrastia, Houston, TX, for Appellee.

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

OPINION

LAURA CARTER HIGLEY, Justice.

In this breach of contract case, the trial court awarded Hooks Industrial, Inc. ("Hooks") $1,200,000 in lost profit-damages against Fairmont Supply Company ("Fairmont"), but denied Hooks's attorney's fees claim. Both Fairmont and Hooks appeal; each raise one issue. Fairmont complains that the trial court abused its discretion in admitting the opinion testimony of Hooks's damages expert, regarding the calculation of lost...

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