No. 1519.

635 S.W.2d 875 (1982)

Lois Chandler FULMER, et al., Appellants v. Jerry Don RIDER, et al., Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Denied July 22, 1982.

Attorney(s) appearing for the Case

J. T. Maroney, Jr., Maroney & Whiteker, Lufkin, M. G. Holt, Holt, Tatum & McCarver, Nacogdoches, Howell E. Stone, Talbert, Giessel & Stone, Houston, Robert A. Fanning, Don Martinson, Fanning, Harper, Wilson, Martinson & Fanning, Dallas, for appellants.

Craig Stripling, Stripling & Sutton, Forrest G. Braselton, Nacogdoches, Jerry L. Calhoon, McDonald, Calhoon & Kolstad, Palestine, for appellees.

McKAY, Justice.

This is an appeal from a judgment in a suit for damages in which the wife and daughters of Vernis Fulmer (Fulmer), deceased, sought to recover for the wrongful death of Fulmer. Fulmer's death occurred during an altercation involving Fulmer and Jerry Don Rider (Rider), during which Fulmer was shot and killed, and Rider and Nancy Hester (Hester) were shot and wounded. Rider and Hester filed separate counterclaims alleging that their bullet wounds were...

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