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STAR ENTERPRISE v. MARZE

No. 04-00-00433-CV.

61 S.W.3d 449 (2001)

STAR ENTERPRISE, Texaco Refining & Marketing (East), Inc., and Saudi Refining, Inc., Appellants, v. Mary Ann MARZE, individually, and as surviving widow of, community survivor of, and personal representative of Windel B. Marze, Lori Ann Marze and Scott Windel Marze, surviving children, and Pacific Employer's Insurance, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 6, 2001.

Attorney(s) appearing for the Case

G. Luke Ashley, Greg W. Curry, Kristin H. O'Neal, Thompson & Knight, L.L.P., Dallas, MaryAnn "George" Bailey, Thornton, Summers, Biechlin, Dunham & Brown, L.C., San Antonio, for appellants.

Jacqueline M. Stroh, Wallace B. Jefferson, Crofts & Callaway, P.C., San Antonio, Gary G. Green, Martinez & Green, L.L.P., Houston, Rex L. Easley, Jr., Cole, Cole & Easley, P.C., Victoria, for appellees.

Sitting: ALMA L. LÓPEZ, PAUL W. GREEN and KAREN ANGELINI, Justices.

Opinion by ALMA L. LÓPEZ, Justice.

This appeal arises from a survival and wrongful death action against Star Enterprise, Texaco Refining & Marketing (East), Inc., and Saudi Refining, Inc. ("Star Enterprise") based on a premises liability theory. Star Enterprise appeals the trial court's judgment in favor of Mary Ann Marze, individually, and as surviving widow of, community survivor of, and personal representative of Windel B. Marze, Lori Ann Marze and Scott...

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