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AVCO CORP., TEXTRON v. INTERSTATE SOUTHWEST, LTD.

No. 14-05-00860-CV.

251 S.W.3d 632 (2007)

AVCO CORPORATION, TEXTRON LYCOMING RECIPROCATING ENGINE DIVISION OF AVCO CORPORATION, Appellant, v. INTERSTATE SOUTHWEST, LTD., Appellee.

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

Supplemental Opinion Overruling Rehearing April 3, 2008.

Attorney(s) appearing for the Case

Jack G. Carnegie, James Harmon Hall II, Scott Wagner Cowan, Houston, Miguel A. Estrada, Washington, DC, Theodore J. Boutrous Jr., William Thomson, Los Angeles, CA, for appellant.

Harold H. Walker Jr., Martin E. Rose, Steven Dominic Sanfelippo, Dallas, Roger D. Townsend, Houston, for appellee.

Panel consists of Justices ANDERSON, GUZMAN, and Senior Justice HUDSON.

OPINION

EVA M. GUZMAN, Justice.

In this commercial dispute, we are asked to determine questions regarding standing and capacity, the proper scope of declaratory relief, and the application of the express-negligence rule, as well as traditional sufficiency challenges to certain evidence. The appellant, an aircraft engine manufacturer, contracted with a forging company for the production of crankshaft forgings...

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