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BINGHAM v. COLORADO CITY

No. 4480.

478 S.W.2d 255 (1972)

Hubert BINGHAM et ux., Appellants, v. City of COLORADO CITY, Appellee.

Court of Civil Appeals of Texas, Eastland.

February 11, 1972.

Attorney(s) appearing for the Case

Burnett & Childs (Richard J. Clarkson), Odessa, for appellants.

McMahon, Smart, Sprain, Wilson & Camp (Marvin Sprain), Abilene, for appellee.

WALTER, Justice.

Hubert Bingham and wife filed suit against the City of Colorado City, Harrell Fishing Camp and Texas Electric Service Company alleging that Lake Colorado City was under the joint control of the three defendants and that on account of the defendants' negligence their son drowned in the lake. Summary judgment was rendered for the defendants and the Binghams have appealed from that portion of the judgment which granted the City a summary judgment.

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