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CIRILO v. COOK PAINT AND VARNISH COMPANY

No. 15815.

476 S.W.2d 742 (1972)

David CIRILO et al., Appellants, v. COOK PAINT AND VARNISH COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 10, 1972.

Attorney(s) appearing for the Case

Mandell & Wright, Arthur J. Mandell, Houston, for appellants.

Fulbright, Crooker & Jaworski, Charles D. Boston, Frank G. Jones, Houston, for appellee.

Jimmie F. Y. Lee, Houston, for intervenor.

PEDEN, Justice.

Personal injury suit brought against manufacturer and retailer of a new aluminum ladder which was found to be bent after David Cirilo fell while using it. This appeal is based on the trial court's rulings on admissibility of evidence and on questioning and argument by appellee's counsel.

Plaintiffs' theory is that the ladder buckled while Cirilo was on it, and defendants contend that its upper end slipped off

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