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MACY v. WASTE MANAGEMENT, INC.

No. 01-07-00276-CV.

294 S.W.3d 638 (2009)

Griffin MACY, Appellant/Cross-Appellee, v. WASTE MANAGEMENT, INC., Appellee/Cross-Appellant.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion Concurring with Denial of En Banc

Consideration August 28, 2009.

Opinion Dissenting from Denial of En Banc

Consideration August 28, 2009.

Attorney(s) appearing for the Case

John Zavitsanos, K.A.D. Camara, Paul M. Botros, Ahmad, Zavitsanos & Anaipakos, P.C., Thomas C. Wright, Wright Brown & Close, LLP, Houston, TX, for Appellant.

Don Jackson, Melissa Michelle Davis, Timothy F. Lee, Ware, Jackson, Lee & Chambers, L.L.P., Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HANKS.

OPINION

ELSA ALCALA, Justice.

Appellant, Griffin Macy, has filed a motion for rehearing of our March 12, 2009 memorandum opinion and judgment. We deny that motion. We, however, withdraw our March 12, 2009 memorandum opinion and judgment and issue this memorandum and judgment in its stead to clarify the analysis of the legal authority cited by Macy in his first appellate issue. Macy appeals a final judgment ordering he take nothing from appellee, Waste Management...

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