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CASHWAY BUILDING MATERIALS, INC. v. McCURDY

No. 6545.

553 S.W.2d 787 (1977)

CASHWAY BUILDING MATERIALS, INC., Appellant, v. Ralph McCURDY et ux., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 20, 1977.

Amended Motion for Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

Edwards, Belk, Hunter & Kerr, John W. Welsh, Jr., T. O. Gilstrap, Jr., El Paso, for appellant.

Law Offices of L. Taylor Zimmerman, P. C., L. Taylor Zimmerman, Edelmira Navarro, Jose E. Troche, Dick Stengel, El Paso, for appellees.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

The principal question presented on this appeal is whether "vendor" includes one who sells the services of others under rules of a prize contest which excluded employees and vendors of the sponsor.

In conjunction with the grand opening of a new store, the Appellant, Cashway Building Materials, held a prize contest and awarded prizes to persons whose names were drawn. Appellee McCurdy's name was drawn, but...

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