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CITY OF AUSTIN v. COOKSEY

No. 5033.

561 S.W.2d 874 (1978)

The CITY OF AUSTIN et al., Appellants, v. Carol Marie COOKSEY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 2, 1978.

Attorney(s) appearing for the Case

Karen Parker, Asst. City Atty., Sam L. Jones, Jr., Asst. Atty. Gen., Jack W. Latson, Flahive & Ogden, Austin, Tex., for appellants.

Ronald D. Krist and Harvill E. Weller, Jr., Krist, Gunn & Weller, Houston, Tex., Clark, Thomas, Winters & Shapiro, Barry K. Bishop, Austin, Tex., for appellees.

WALTER, Justice.

We grant appellees' motion for rehearing and withdraw our opinion and judgment dated October 13, 1977 and the following opinion is rendered in lieu thereof.

This is a wrongful death case. Carol Marie Cooksey, Pamela Kay Cooksey, Kimberly Cooksey and Clara B. Cooksey, the widow, children and mother of Michael Cooksey, recovered a judgment against Hensel Phelps, Inc., the City of Austin and the State of Texas.

The State and the City...

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