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SOWDERS v. M.W. KELLOGG CO.

No. 01-83-0113-CV.

663 S.W.2d 644 (1983)

Janetta SOWDERS, Individually and as Community Survivor of the Estate of Marshall Jefferson Sowders, Deceased, et al., Appellants, v. The M.W. KELLOGG COMPANY and/or the M.W. Kellogg Company, a Division of Pullman, Inc., Appellee.

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

Rehearing Denied January 12, 1984.

Attorney(s) appearing for the Case

Mike Gallagher, Wayne Fisher, Houston, for appellants.

Judson R. Wood, Paul E. Stallings, Brian Jensen, Cliff Harrison, Kenneth Tekell, Houston, for appellee.

Before JACK SMITH, DUGGAN and BULLOCK, JJ.

OPINION

DUGGAN, Justice.

This is an appeal from a summary judgment in favor of the defendants in a personal injury suit arising from an explosion at an ARCO refinery in Pasadena. The plaintiffs, together with an intervening insurance carrier asserting its subrogation rights, charged the defendant with negligence and strict liability in tort in the design and construction of a lubricating oil solvent treating plant at the refinery.

The sole contention...

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