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EAST HILL MARINE, INC. v. RINKER BOAT CO.

No. 2-06-210-CV.

229 S.W.3d 813 (2007)

EAST HILL MARINE, INC. and Joe Stark d/b/a Joe Stark Marine, Appellants, v. RINKER BOAT CO., INC. and Gaven Hunt, Appellees.

Court of Appeals of Texas, Fort Worth.

June 21, 2007.

Attorney(s) appearing for the Case

Jeffrey L. Clark, Kelsoe, Anderson, Khoury & Clark, P.C., Dallas, Joseph W. Spence, Shannon, Gracey, Ratliff & Miller, L.L.P., Fort Worth, for Appellants.

J. Benjamin Barlow, Chris D. Collins, David D. Rapp, Barlow Garsek & Simon, LLP, Fort Worth, for Appellees.

PANEL A: CAYCE, C.J.; LIVINGSTON and GARDNER, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

I. Introduction

Appellants East Hill Marine, Inc. and Joe Stark d/b/a Joe Stark Marine appeal the trial court's order granting summary judgment to appellees Rinker Boat Co., Inc. and Gaven Hunt. In their first two issues, appellants argue that the trial court erred by granting a traditional summary judgment against them on their breach of contract claims and by granting a traditional

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