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TOSHIBA MACHINE CO. v. SPM FLOW CONTROL

No. 2-03-156-CV.

180 S.W.3d 761 (2005)

TOSHIBA MACHINE CO., AMERICA, Appellant, v. SPM FLOW CONTROL, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

November 10, 2005.

Attorney(s) appearing for the Case

Munsch, Hardt, Kopf & Harr, PC and Michael G. Foster, Dallas, Jackson Walker, LLP and Albon O. Head, and William R. Jenkins, Jr., Fort Worth, and Dorsey & Whitney, LLP and Creighton R. Magid, and Kevin B. Bedell, Washington, D.C., for Appellant.

Kelly Hart & Hallman, PC and Marshall M. Searcy, Jr., Hugh G. O'Connor, II and Brian S. Stagner, Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; GARDNER and McCOY, JJ.

OPINION ON REHEARING

ANNE GARDNER, Justice.

After reviewing Appellant, Toshiba Machine Co., America's motion for rehearing, we deny the motion. We withdraw our June 2, 2005 opinion and judgment and substitute the following. Our ultimate conclusions remain unchanged.

I. Introduction

This case arises from the sale of two large machine tools. Toshiba Machine Company of America ("Toshiba") appeals a $9.25 million judgment on a jury verdict...

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