Astoria Industries of Iowa, Inc. v. SNF Inc. D/B/A Brand FX Body Company

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-315-CV

ASTORIA INDUSTRIES OF IOWA, INC. APPELLANT

V

SNF, INC. D/B/A APPELLEE

BRAND FX BODY COMPANY

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FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY

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OPINION ON REHEARING

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We withdraw our opinion and judgment of October 19, 2006 and substitute the following. We grant in part and deny in part the motion for rehearing filed by Astoria Industries of Iowa, Inc. (Astoria) and deny the motion for attorney=s fees and costs filed by SNF, Inc. d/b/a Brand FX Body Company (Brand FX).

I. INTRODUCTION

In this interlocutory…