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GRAHAM v. FRANCO

No. B-2997.

488 S.W.2d 390 (1972)

Bill GRAHAM et al., Petitioners, v. Rafael FRANCO et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied December 20, 1972.

Attorney(s) appearing for the Case

Kleberg, Mobley, Lockett & Weil, Lev Hunt, Corpus Christi, for petitioners.

Allison, Maddin, White & Brin, Harry F. Maddin and James A. Smith, Corpus Christi, for respondents.

GREENHILL, Chief Justice.

The writ of error was granted in this case to pass upon the constitutionality of a statute which provides: "The recovery awarded for personal injuries sustained by either spouse during marriage shall be the separate property of that spouse except for any recovery for loss of earning capacity during marriage."1 We hold that the statute, as construed, is constitutional...

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