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BROWN & BROWN OF TEXAS, INC. v. OMNI METALS

No. 01-05-01190-CV.

317 S.W.3d 361 (2010)

BROWN & BROWN OF TEXAS, INC. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance Company, Appellants, v. OMNI METALS, INC., Appellee.

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

Rehearing Overruled May 5, 2010.

Attorney(s) appearing for the Case

Henry S. Platts Jr., Jeffrey Parsons, Kristen Werner Kelly, Beirne, Maynard & Parsons, LLP, Houston, TX, Russell J. Bowman, Bowman & Stella, P.C., Dallas, TX, for Appellants.

Mark C. Harwell, Cotham, Harwell & Evans, Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and NUCHIA.

OPINION ON REHEARING

EVELYN V. KEYES, Justice.

On March 20, 2008, a panel of this Court reversed the trial court's judgment and rendered judgment that appellee Omni Metals, Inc. take nothing by its claims. Omni did not file a motion for rehearing, but instead filed a motion for en banc reconsideration. We treated the motion for en banc reconsideration as a motion for rehearing, granted rehearing, and withdrew the March 20, 2008 opinion and judgment and issued...

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