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MORGAN v. POOL CO.

No. 21003.

641 S.W.2d 370 (1982)

Mary Ruth MORGAN, as next friend of Edward Morgan, Jr., Johnny Morgan, and Ruthie Morgan, Minors and Mary Lou Daugherty, as next friend of Norman Daugherty, Jr., Randy Daugherty and Tommy Daugherty, Minors, Appellants, v. POOL COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 22, 1982.

Attorney(s) appearing for the Case

Phillip Godwin, Odessa, for appellants.

Michael S. Holloway, Burford & Ryburn, Dallas, for appellee.

Before the court en banc.

STEPHENS, Justice.

This appeal arises from an adverse summary judgment in a suit brought on behalf of six minor children to recover exemplary damages for the deaths of their fathers, Edward Morgan and Norman Daugherty. Suit was brought under the authority of Tex.Const. art. XVI, § 26, and Tex.Rev.Civ. Stat.Ann. art. 8306, § 5 (Vernon 1967). We conclude that a fact issue exists as to the gross negligence of Pool Company, and that summary judgment was improper...

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