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UNION CARBIDE CORP. v. SYNATZSKE

No. 01-09-01141-CV.

386 S.W.3d 278 (2012)

UNION CARBIDE CORPORATION, Appellant v. Daisy E. SYNATZSKE and Grace Annette Webb, Individually and as Representatives and Co-Executrixes of the Estate of Joseph Emmite, Sr., Joseph Emmite, Jr., Dorothy A. Day, Vera J. Gialmalva and James R. Emmite, Appellees.

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

June 28, 2012.

Attorney(s) appearing for the Case

Sharla J. Frost , James H. Powers , Powers & Frost, L.L.P., Stephen G. Tipps , Baker Botts, L.L.P., Houston, TX, for Appellant.

Sean Higgins , Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Troy D. Chandler , Williams Kherkher Hart Boundas, LLP, Richard P. Hogan Jr. , Hogan & Hogan, L.L.P., Houston, TX, Audra Merritt Dean , Tori Smith Levine , Dallas, TX, for Appellees.

Panel consists of Justices JENNINGS and SHARP.

EN BANC OPINION1

TERRY JENNINGS, Justice.

Appellant, Union Carbide Corporation ("Union Carbide"), has filed a motion for rehearing and for en banc reconsideration of this Court's June 30, 2011 opinion.2 A majority of the Court has voted to grant en banc consideration. We withdraw our opinion and judgment of June 30, 2011, and we substitute this opinion...

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