Richard McDaniel, Individually and d/b/a Richard McDaniel, Inc. d/b/a B.R. Roofing, a/k/a B & R Roofing v. Benny Bennett and wife, Mary Bennett--Appeal from 31st District Court of Wheeler County

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NO. 07-06-0250-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JUNE 20, 2008 ______________________________ RICHARD MCDANIEL, INDIVIDUALLY AND D/B/A RICHARD MCDANIEL, INC., D/B/A B.R. ROOFING, A/K/A B & R ROOFING, APPELLANT V. BENNY BENNETT AND WIFE, MARY BENNETT, APPELLEES _________________________________ FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY; NO. 11632; HONORABLE STEVEN R. EMMERT, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ. ON MOTION FOR REHEARING Appellees Benny Bennett and Mary Bennett filed a motion for rehearing, to which we requested and received a response. Tex. R. App. P. 49.1, 49.2. rehearing is denied. Tex. R. App. P. 49.3 James T. Campbell Justice Pirtle, J., concurring and dissenting. The motion for

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