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MALOOLY BROTHERS, INC. v. NAPIER

No. 6093.

452 S.W.2d 504 (1970)

MALOOLY BROTHERS, INC., Appellant, v. Frank NAPIER and Herman Siegel, Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 1, 1970.

Attorney(s) appearing for the Case

Ben A. Endlich and D. Clark Hughes, El Paso, for appellant.

Hardie, Grambling, Sims & Galatzan, John A. Grambling, El Paso, for appellees.

OPINION

PRESLAR, Justice.

Appellant, Malooly Brothers, Inc., filed this suit against the appellees, Frank Napier and Herman Siegel, alleging that appellant retained the appellees in their capacity as Certified Public Accountants to perform certain duties for them; that an employee embezzled from them, and defendant-appellees were negligent in not discovering such embezzlement. The trial court sustained the defendants' motion for summary judgment and overruled...

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