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KINDRED v. CON/CHEM, INC.

No. 1984cv.

644 S.W.2d 828 (1982)

William C. KINDRED and Wife, Fay E. Kindred and Ernest J. Kurtz and Wife, Karen S. Kurtz, Appellants, v. CON/CHEM, INC., Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied October 21, 1982.

Attorney(s) appearing for the Case

Michael B. Smithers, Cornelius, Powell, Perkins & Smithers, New Braunfels, for appellants.

R.D. Cullen, Cullen, Carsner, Seerden & Williams, Victoria, for appellee.

Before NYE, C.J., and BISSETT and YOUNG, JJ.

OPINION

YOUNG, Justice.

Appellants, William C. Kindred and Ernest J. Kurtz brought a products liability action against Con/Chem, Inc., the manufacturer of Cono Prime X, alleging that they had sustained personal injuries from the use of that product. Their petition alleged two defects: failure to adequately warn of the dangers of using the product and unreasonably dangerous design. The trial court submitted special issues on the failure to warn theory which...

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