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KENNEDY v. SALE

No. C-3767.

689 S.W.2d 890 (1985)

Francis KENNEDY, Petitioner, v. J. Woodford SALE, Respondent.

Supreme Court of Texas.

Rehearing Denied June 5, 1985.

Attorney(s) appearing for the Case

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

Freeman, Hyde & Martin, John G. Hude, Midland, for respondent.

ROBERTSON, Justice.

This cause involves the definition of "consumer" under the Texas Deceptive Trade Practice-Consumer Protection Act ("DTPA"). Tex.Bus. & Comm.Code Ann. § 17.45(4) (Vernon Supp.1985). The question presented is whether an employee complaining of misrepresentations of the provisions of a group insurance policy is a "consumer," though the employer alone purchased the policy. The court of appeals held that the employee was not a consumer.

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