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TX. C.C., INC. v. WILSON/BARNES GENERAL CONTRACTORS, INC.

No. 05-06-00155-CV.

233 S.W.3d 562 (2007)

TX. C.C., INC., Appellant, v. WILSON/BARNES GENERAL CONTRACTORS, INC. and Colorado Stone, Incorporated a/k/a Colorado Stone and Stucco, Appellees.

Court of Appeals of Texas, Dallas.

August 28, 2007.

Attorney(s) appearing for the Case

Thomas J. Stutz, Martin, Mason, Stutz, LLP, Dallas, for appellant.

Michelle E. Robberson, R. Brent Cooper, Nathan P. Pekar, Cooper & Scully, P.C., R. Wayne Gordon, Rodney Geer, Touchstone, Bernays, Sidney H. Davis, Jr., Touchstone Bernays Johnston Beall & Smith, Dallas, for

Before Justices WRIGHT, RICHTER, and LANG.

OPINION

Opinion by Justice RICHTER.

This is an appeal from a traditional summary judgment in a subrogation claim arising out of a 1996 restaurant construction contract between TX. C.C. and Wilson/Barnes General Contractors. The restaurant was completed in January 1997, but destroyed in a December 2000 fire resulting from a faulty fireplace installed by Colorado Stone, Inc. a/k/a Colorado Stone and Stucco, a subcontractor. TX. C.C. was compensated for its...

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