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WESTBROOK v. CITY OF EDNA

No. 1204.

552 S.W.2d 608 (1977)

Mrs. Alice Dean WESTBROOK et al., Appellants, v. CITY OF EDNA, Texas, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied June 23, 1977.

Attorney(s) appearing for the Case

W. Arthur Combs, Combs, Archer & Peterson, Houston, for appellants.

Paul M. Green, Lang, Cross, Ladon, Boldrick & Green, San Antonio, for appellee.

OPINION

BISSETT, Justice.

This is an appeal from a summary judgment, which was rendered adverse to Mrs. Alice Dean Westbrook, et al, plaintiffs-appellants. A background statement is deemed necessary to put this appeal in proper perspective.

On June 29, 1972, Gerald Vernon Westbrook was killed in a collision between his truck and a truck that was owned by Jerome Tater, d/b/a J & J Enterprises, and which was being operated by James Hopes, an employee...

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