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FLYING J INC. v. MEDA, INC.

No. 04-08-00169-CV.

373 S.W.3d 680 (2012)

FLYING J INC., Appellant v. MEDA, INC. d/b/a AAA Auger, Appellee.

Court of Appeals of Texas, San Antonio.

May 16, 2012.

Attorney(s) appearing for the Case

David E. Chamberlain , Catherine L. Kyle , Timothy B. Poteet , Chamberlain McHaney , Austin, TX, for Appellant.

Marc F. Wiegand , The Wiegand Law Firm PC, Bret L. Walton , David Klosterboer & Associates, Daniel P. Whitworth , Stump, Craddock, Massey & Farrimond, P.C. San Antonio, TX, Mike Thompson, Jr. , Craig Andrew Nevelow , Wright & Greenhill, P.C., Austin, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

Appellee Meda, Inc. sued appellant Flying J, Inc. for breach of contract. Flying J counterclaimed for breach of contract, breach of implied warranty, and negligence. On appeal, Flying J asserts (1) the trial court improperly directed a verdict against Flying J's breach of contract cause of action, (2) the trial court impermissibly commented on the weight of the evidence, (3) the trial court erroneously directed...

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