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WAREHOUSE ASSOC. CORPORATE v. CELOTEX CORP.

No. 14-03-01444-CV.

192 S.W.3d 225 (2006)

WAREHOUSE ASSOCIATES CORPORATE CENTRE II, INC., Warehouse Associates Corporate Centre Post Oak, Ltd., and Warehouse Associates Development, Inc., Appellants v. CELOTEX CORPORATION, Lecil M. Colburn, and David Murry, Appellees.

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

March 30, 2006.

Attorney(s) appearing for the Case

Neil Kenton Alexander, Jr., Houston, for appellants.

John Ellis O'Neill, Sheryl Anne Falk, Houston, for appellees.

Panel consists of Justices FOWLER, FROST, and SEYMORE.

OPINION

KEM THOMPSON FROST, Justice.

This case arises out of the sale of real property under a contract that contains as-is and waiver-of-reliance provisions. After the sale, the buyer discovered asbestos in the soil on the property and brought suit against the seller and its employees alleging common law fraud, statutory fraud, and negligent misrepresentation. The main issue on appeal is whether the trial court correctly granted summary judgment based on...

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