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FONDREN CONST. CO. v. BRIARCLIFF HOUSING

No. 01-04-01293-CV.

196 S.W.3d 210 (2006)

FONDREN CONSTRUCTION CO., INC. and Robert G. Lubkeman, Appellants, v. BRIARCLIFF HOUSING DEVELOPMENT ASSOCIATES, INC., DPMC-Briarcliff, L.P., and John Deere Company, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

April 13, 2006.

Attorney(s) appearing for the Case

Michael C. Falick, Rothfelder & Falick, L.L.P., Houston, for appellants.

James Bradley Whitus, Todd M. Lonergan, William M. Coats, Coats, Rose, Yale, Ryman & Lee, P.C., David D. Peden, Porter & Hedges, L.L.P., Richard D. Daly, Gardere, Wynne, Sewell & Riggs, L.L.P., Houston, Jeremy Martin, Gardere, Wynne, Sewell & Riggs, LLP., Dallas, for appellees.

Panel consists of Justices TAFT, HIGLEY, and BLAND.

OPINION

JANE BLAND, Justice.

Fondren Construction Co., Inc. and Robert Lubkeman (collectively "Fondren") appeal from a summary judgment rendered on behalf of appellee John Deere Company ("John Deere"), and a motion for judgment rendered in favor of appellees Briarcliff Housing Development Associates, Inc. ("BHDA") and DPMC-Briarcliff, L.P. ("DPMC") during a bench trial. Fondren sued for breach of contract, unjust...

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