"MOORE" BURGER, INC. v. PHILLIPS PETROLEUM COMPANY

No. 11826.

470 S.W.2d 762 (1971)

"MOORE" BURGER, INC., Appellant, v. PHILLIPS PETROLEUM COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied September 20, 1971.


Attorney(s) appearing for the Case

Philip W. Gilbert, Mitchell, Gilbert & McLean, Austin, for appellant.

John W. Stayton, Stayton, Maloney, Black, Hearne & Babb, Austin, for Phillips Petroleum Co.

James M. Steed, Palmer & Steed, Austin, for Albert E. Craus.

Coleman Gay, Austin, for C. Milton Dowd.


O'QUINN, Justice.

This case is on appeal from a summary judgment, granted on motions of defendants below, that plaintiff take nothing.

The ultimate question is whether the summary judgment proofs conclusively negate at least one of the essential elements of plaintiff's cause of action. We have decided that question against the plaintiff and will affirm the judgment of the trial court.

The appellant, plaintiff below, is "Moore" Burger, Inc., the corporate...

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