2900 Smith, Limited and Katie Pham v. Constellation Newenergy, Inc.

Motion for En Banc Rehearing Denied as Moot, Opinion of July 21, 2009, Withdrawn, Affirmed and Substitute Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00061-CV

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2900 SMITH, LIMITED AND KATIE PHAM, Appellants

V

CONSTELLATION NEWENERGY, INC., Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 2006-68977

S U B S T I T U T E O P I N I O N

Appellants, 2900 Smith Limited (A2900 Smith@) and Katie Pham=s Motion for Rehearing En Banc is overruled, our memorandum opinion of July 21, 2009 is withdrawn, and the following…