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GORMAN-RUPP CORP. v. KIRK

No. 17513.

601 S.W.2d 49 (1980)

GORMAN-RUPP CORPORATION, Appellant, v. James KIRK, Sr., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Granted February 14, 1980.

Rehearing Denied April 10, 1980.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Edward Blizzard, Houston, for appellant.

Waldman & Smallwood, Richard Mintz, Houston, for appellee.

ON MOTION FOR REHEARING

WARREN, Justice.

Appellant's motion for rehearing is granted. Our earlier opinion is withdrawn and is replaced by this opinion.

This is an appeal from an order overruling a plea of privilege. The primary issue for determination is whether an industrial sewage pump is a "consumer good" under subdivision 31, Article 1995, V.A.C.S.

Appellee sued appellant for injuries he received when a sewage pump owned by his employer...

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