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TRIBBLE & STEPHENS CO. v. RGM CONSTRUCTORS

No. 14-02-01062-CV.

154 S.W.3d 639 (2005)

TRIBBLE & STEPHENS CO., Appellant, v. RGM CONSTRUCTORS, L.P., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Supplemental Opinions Overruling Rehearing February 10, 2005.

Attorney(s) appearing for the Case

Lynne Liberato, John S. Torigian, Murry B. Cohen, Mercy Lynn Carrasco Lowe, Houston, for appellant.

Charles Black McFarland, Houston, for appellee.

Panel consists of Justices EDELMAN, FROST and SEYMORE.

PLURALITY OPINION

CHARLES W. SEYMORE, Justice.

In this breach of contract case, Tribble & Stephens Company ("T & S") appeals a summary judgment in favor of RGM Constructors, L.P. ("RGM")1 on the grounds that: (1) RGM failed to comply with a contractual condition precedent to litigation; (2) there were disputed fact issues concerning RGM's performance under the contract; (3...

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