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TEXAS DISPOSAL SYSTEMS v. WASTE MANAGEMENT

No. 03-03-00631-CV.

219 S.W.3d 563 (2007)

TEXAS DISPOSAL SYSTEMS LANDFILL, INC., Appellant, v. WASTE MANAGEMENT HOLDINGS, INC. (f/k/a Waste Management, Inc.) and Waste Management of Texas, Inc., Appellees.

Court of Appeals of Texas, Austin.

April 3, 2007.

Attorney(s) appearing for the Case

David H. Donaldson Jr. and James A. Hemphill, Graves, Douherty, Hearon & Moody, PC, Austin, for Appellant.

Charles L. Babcock IV, Jackson Walker, L.L.P., Dallas, Robert M. Roach, Jr., Sean R. Cox, Cook & Roach, LLP, Houston, for Appellee.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON; Justice B.A. SMITH not participating.

OPINION

W. KENNETH LAW, Chief Justice.

We grant appellant's and overrule appellees' motions for further rehearing,1 withdraw our opinion and judgment issued December 29, 2006, and substitute the following in its place.

Appellant Texas Disposal Systems Landfill, Inc. challenges the take-nothing judgment entered against it following a jury trial, contending that the trial court committed charge error regarding issues...

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