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POOLE v. WESTCHESTER FIRE INS. CO.

No. 04-91-00177-CV.

830 S.W.2d 183 (1992)

Judy V. POOLE, Individually and as Parent and Natural Guardian of Melissa Lynn Poole and Shawn Alan Poole for the Death of Robert A. Poole, Appellants, v. WESTCHESTER FIRE INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied May 8, 1992.

Attorney(s) appearing for the Case

Kermit W. Fox, Jr., Law Offices of Kermit W. Fox, Jr., San Antonio, for appellants.

Sharon E. Callaway, Crofts, Callaway & Jefferson, Charles L. Smith, Groce, Locke & Hebdon, San Antonio, for appellee.

Before CHAPA, CARR and BIERY, JJ.

OPINION

BIERY, Justice.

A widow and her orphaned children appeal from the granting of summary judgment in favor of Westchester Fire Insurance Company. They seek a day in court before a jury concerning workers' compensation death benefits for the death of their husband and father, Robert A. Poole. More specifically, we are asked to address whether appellee has met its summary judgment burden of proving as a matter of law that Robert Poole was not in...

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