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SULLIVAN v. BROKERS LOGISTICS, LTD.

No. 08-10-00267-CV.

357 S.W.3d 833 (2012)

M.W. SULLIVAN, as Trustee of the Sullivan Crosby Trust, Appellant, v. BROKERS LOGISTICS, LTD., and Foxworth-Galbraith Lumber Co., Appellees.

Court of Appeals of Texas, El Paso.

January 11, 2012.

Attorney(s) appearing for the Case

Harrel L. Davis III , Gordon Davis Johnson & Shane, PC, El Paso, TX, for Appellant.

Richard Bonner , Kemp, Smith, P.C., El Paso, TX, George E. Crumley , Pittenger, Paxton, Nuspl & Crumley, for Allen, TX.

Before McCLURE, C.J., ANTCLIFF, J., and CHEW, C.J., (Senior), (Sitting by Assignment).

OPINION

ANN CRAWFORD McCLURE, Chief Justice.

For the second time in a matter of weeks, we are presented with ramifications of the great flood of August 2006. M.W. Sullivan, acting as trustee of the Sullivan Crosby Trust, appeals from a summary judgment granted in favor of Brokers Logistics, Ltd. and Foxworth-Galbraith Lumber Company. For the reasons that follow, we reverse and remand.

FACTUAL SUMMARY

On October 5, 2007, Sullivan...

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