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TEXAS UTILITIES ELEC. CO. v. GOLD KIST, INC.

No. 11-89-241-CV.

817 S.W.2d 749 (1991)

TEXAS UTILITIES ELECTRIC COMPNY, Through its TEXAS POWER & LIGHT DIVISION, f/k/a Texas Power & Light Company, Appellant, v. GOLD KIST, INC. et al., Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Denied November 21, 1991.

Attorney(s) appearing for the Case

Ben D. Sudderth, Jim Parker, Comanche, David M. Weaver, Joann N. Wilkins, Burford & Ryburn, Dallas, for appellant.

Robert Waltman, Crowley & Waltman, Bryan, John C. Hart, Garbielle H. Kickham, Robins, Kaplan, Miller & Ciresi, Dallas, R. Lawrence Purdy, Maslon, Edelman, Borman & Brand, Minneapolis, Minn., Roger L. Glandon, Glandon, Erwin, Scarborough, Baker & Gravely, Abilene, Stephen Ellis, Brownwood, Scott P. Stolley, Thompson, Coe, Cousins & Irons, Dallas, for appellees.

OPINION

ARNOT, Justice.

Gold Kist, Inc., Durham Pecan Company, Inc.,1 and Columbian Peanut Company sued Higginbotham Bros. & Co. and Texas Utilities Electric Company (TP & L)2 for damages to their peanuts and pecans resulting from a fire. A Higginbotham truck hit a guy wire attached to TP & L's pole causing the electrical transmission lines...

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