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BENNETT TRUCK TRANSPORT, LLC v. WILLIAMS BROS.

No. 14-06-00923-CV.

256 S.W.3d 730 (2008)

BENNETT TRUCK TRANSPORT, LLC, Appellant, v. WILLIAMS BROTHERS CONSTRUCTION, Appellee.

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

May 22, 2008.

Attorney(s) appearing for the Case

H.N. Cunningham III, John Paul Tufnell, Dallas, for appellant.

Charles W. Lyman, John B. Wallace, Houston, for appellee.

Panel consists of Justices YATES, FOWLER, and GUZMAN.

OPINION

LESLIE B. YATES, Justice.

Appellant Bennett Truck Transport, LLC appeals from the trial court's order granting summary judgment against it on its claim against appellee William Brothers Construction. Because we conclude material fact issues exist, we reverse and remand.

BACKGROUND

Bennett is a for-hire motor carrier in the business of transporting goods. The Texas Department of Transportation ("TxDOT") issued a permit to Bennett...

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