CHILTON INS. v. PATE & PATE ENTERPRISES

No. 04-94-00028-CV.

930 S.W.2d 877 (1996)

CHILTON INSURANCE COMPANY, Appellant, v. PATE & PATE ENTERPRISES, INC. and Mid-Continent Casualty Company, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 11, 1996.

Second Rehearing Overruled October 2, 1996.


Attorney(s) appearing for the Case

Keith A. Langley, Robert M. Fitzgerald, Langley & Branch, P.C., Dallas, Andrew L. Kerr, Zachary B. Aoki, Jenkins & Gilchrist, Groce, Locke & Hebdon, P.C., San Antonio, for appellant.

Ricardo G. Cedillo, Susan G. Lozano, Davis, Adami & Cedillo, Inc., David Lopez, Associate Professional of Law, St. Mary's Law School, San Antonio, for appellees.

Before CHAPA, C.J., and STONE and GREEN, JJ.


GREEN, Justice.

Both the appellant's and the appellee's motions for rehearing are denied. The original opinion of the Court issued March 20, 1996 is withdrawn and the following is substituted in its place.

This is a construction case. A subcontractor on a public works project appeals from a judgment rendered against it in favor of the general contractor. The subcontractor claims that it is entitled to a net money judgment against the general contractor based...

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