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Opinion filed June 8, 2006
In The
Eleventh Court of Appeals
__________
No. 11-05-00226-CV
__________
PEISNER JOHNSON & COMPANY, L.L.P., Appellant
V.
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P.,
Appellee
On Appeal from the 91st District Court
Eastland County, Texas
Trial Court Cause No. CV-03-39456
O P I N I O N O N R E H E A R I N G
The parties have filed in this court a joint motion for rehearing asking this court to withdraw our opinion and judgment dated May 11, 2006. The parties further request that this court enter a new judgment based on the parties= settlement agreement that Eagle Construction and Environmental Services, L.P. take nothing and that each party pay its own share of the costs. The motion is granted.
The opinion and judgment dated May 11, 2006, are withdrawn. The judgment of the trial court is reversed, and judgment is rendered that Eagle Construction and Environmental Services, L.P. take nothing against Peisner Johnson & Company, L.L.P.
PER CURIAM
June 8, 2006
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.