Philipp Bros., Inc. v. Oil Country Specialists, Ltd.

ON MOTION FOR REHEARING

We grant the petitioner’s and respondent’s motions for rehearing. The order of this court of June 7, 1989, granting petitioner’s application for writ of error is withdrawn as improvidently granted. The court’s per curiam opinion and judgment of June 7, 1989 are withdrawn and the following is substituted.

This case involves, in part, the nature of fraud necessary to allow a trial court to enjoin the presentment of a letter of credit under section 5.114(b)(2) of the Texas Business and Commerce Code. Tex.Bus. & Com.Code Ann. § 5.114(b)(2) (Tex UCC) (Vernon Supp.1989). The…