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CHERRY v. VICTORIA EQUIPMENT & SUPPLY, INC.

No. C-1573.

645 S.W.2d 781 (1983)

Abraham CHERRY and Albert Allison, Petitioners, v. VICTORIA EQUIPMENT AND SUPPLY, INC. et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 9, 1983.

Attorney(s) appearing for the Case

Doherty & Williamson, Jimmy Williamson and Larry J. Doherty, Hughes, Watters, Askanase & Redford, David C. Redford, Houston, for petitioners.

Funderburk & Funderburk, Larry Funderburk, Houston, for respondents.

ROBERTSON, Justice.

Petitioners, Abraham Cherry and Albert Allison, were injured when a gas holding tank on a well they were cleaning ignited. Their injuries occurred in October 1976 and suits were filed by each in July, 1977 and August, 1978, respectively. Neither Cherry nor Allison named Respondents, Victoria Equipment and Supply, Inc., et al., as defendants until March 1980. Cherry and Allison were unaware of Victoria Equipment's involvement with the well in question...

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