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RICE v. GULF STATES PAINT COMPANY

No. 4089.

406 S.W.2d 273 (1966)

Harper RICE, Jr., et al., Appellants, v. GULF STATES PAINT COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 9, 1966.

Attorney(s) appearing for the Case

Powell, Tucker & Kain, Paul A. Tucker, Baker, Botts, Shepherd & Coates, Walter E. Workman, Houston, for appellants.

Oldham & Lorance, Tom Lorance, Houston, for appellee.

WALTER, Justice.

Harper Rice, Jr. filed suit against Gulf States Paint Company and Gulf States Retail Stores for damages for personal injuries sustained by him while using a toxic waterproofing product sold by the defendants. Trinity Universal Insurance Company had paid Rice $12,500.00 under the Workmen's Compensation Act and intervened.

The court found as a matter of law "that on or about September 15th, 1958, the plaintiff, Harper Rice, Jr., used that product...

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