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CHERRY v. VICTORIA EQUIPMENT & SUPPLY

No. C2999.

640 S.W.2d 685 (1982)

Abraham CHERRY, et al., Appellants, v. VICTORIA EQUIPMENT & SUPPLY, et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

July 8, 1982.

Attorney(s) appearing for the Case

Larry Doherty, Doherty, Vela, Poser, Sears & Collins, David C. Redford, Hughes, Watters, Askanase & Redford, Houston, for appellants.

Larry Funderburk, Houston, for appellees.

Before MILLER, MORSE and JAMES, JJ.

MORSE, Justice.

This is an appeal from a summary judgment. The question before us is whether the appellants, Abraham Cherry and Albert Allison, met their burden of establishing a fact issue as to estoppel of appellees to assert the defense of limitations. We find that no such fact issue was raised and affirm the judgment of the trial court.

This suit arose from personal injuries suffered by Abraham Cherry and Albert Allison on October 17, 1976, when gas vented...

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