Rotello v. Ring Around Products, Inc.

ON REHEARING

J. CURTISS BROWN, Chief Justice.

Upon consideration of the briefs and the record, motion for rehearing is hereby granted. In response to the motion, the judgment of the trial court is affirmed, the opinion filed on February 11, 1981 is withdrawn and the following opinion is submitted in this case.

This case was instituted under the DTPA. 1 Both plaintiffs and defendant appeal from a judgment for the plaintiffs rendered in accordance with a jury verdict.

Ring Around Products, Inc. (Ring Around) processed, tested, and sold soybean seed, labelled as Bragg variety seed, to two retailers,…