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  5. 732 S.W.2d 306 (1987)
 

EL CHICO CORP. v. POOLE

Nos. C-5639, C-5798.

732 S.W.2d 306 (1987)

EL CHICO CORPORATION, Petitioner, v. A. Bryan POOLE, et ux., Individually and as Heirs of the Estate of Larry Bryan Poole, Deceased, Respondents. JOLEEMO, INC., et al., Petitioners, v. Wendel EVANS, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 15, 1987.

Attorney(s) appearing for the Case

Charles W. Lyman and James D. Ebanks, Giessel, Stone, Barker & Lyman, Houston, for El Chico.

Robert C. Floyd and Timothy D. Riley, Floyd, Taylor & Riley, Houston, for Poole.

Harold Tom Hermansen and Carlos Villarreal, Hunt, Hermansen, McKibben & Barger, Corpus Christi, for Joleemo, Inc et al.

William R. Edwards, Edwards & Terry, Russell McMains, McMains & Constant, Corpus Christi, for Evans et al.

SPEARS, Justice.

These two wrongful death and survival actions were submitted together to determine whether a person injured by an intoxicated driver may recover from the alcoholic beverage licensee who allegedly sold intoxicants to that intoxicated driver in violation of the Texas Alcoholic Beverage Code. In El Chico v. Poole, Mr. and Mrs. Bryan Poole sued El Chico Corporation and Rene Saenz for the death of their son, Larry, alleging that El Chico negligently...

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