SALE v. KENNEDY

No. 08-84-00015-CV.

679 S.W.2d 733 (1984)

J. Woodford SALE, Appellant, v. Francis KENNEDY, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied November 28, 1984.


Attorney(s) appearing for the Case

John G. Hyde, Freeman & Hyde, Midland, for appellant.

Drew Mouton, Bancroft & Mouton, Big Spring, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.


OPINION

OSBORN, Justice.

This is a deceptive trade practice case. The question presented on this appeal is whether an employee to whom a misrepresentation about coverage under a group health policy was made was the consumer where the employer alone purchased and paid for the policy. We hold that the employee was not a consumer under the terms of the Deceptive Trade Practice Act. Tex. Bus.& Com.Code Ann. sec. 17.46 et. seq. We reverse the judgment of...

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