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R.M. DUDLEY CONST. CO., INC. v. DAWSON

No. 10-06-00228-CV.

258 S.W.3d 694 (2008)

R.M. DUDLEY CONSTRUCTION COMPANY, INC., Appellant v. Dan DAWSON, William W. Dawson, Jr. (Dan Dawson's Dad), Rudy Briner, Steven Clark Hays and James K. Ashlock, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled July 29, 2008.

Attorney(s) appearing for the Case

Robert A. Swearingen, Peterson & Swearingen LLP, College Station, TX, for Appellant.

Billy M. Payne, Payne, Watson, Miller, Malecheck & Scherr PC, Bryan, TX, for Appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Carlos Martinez was a concrete supervisor for Appellant R.M. Dudley Construction Company (Dudley Construction), which is owned by Mark Dudley (Dudley). Dudley Construction did some work for Appellee Dan Dawson, and Martinez supervised the concrete crew on that job. Dawson subsequently hired Martinez to do some more construction work "on the side," and in doing so, Martinez used Dudley Construction's equipment, supplies, and employees...

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