Ralph R. COSTILLA, Plaintiff-Appellee, v. ALUMINUM COMPANY OF AMERICA, Defendant-Appellant

W. EUGENE DAVIS, Circuit Judge:

We withdraw our writing in part IIA of our former opinion 826 F.2d 1444, 1447 (5th Cir.1987) and our conclusion at 1448.

We persist in rejecting plaintiff’s argument that his recovery may be sustained by the jury finding in response to Interrogatory No. 10 that “the bottle cap was unfit for the ordinary purposes for which it was intended.”

Clearly Texas law recognizes that strict liability under § 402A of the Restatement (Second) of Torts and breach of an implied warranty of merchantability are two separate causes of action. Garcia v. Texas Instruments, Inc., 610…