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O'NEAL v. SHERCK EQUIPMENT CO., INC.

No. 9599.

751 S.W.2d 559 (1988)

Ardine O'NEAL and Ethel Mae O'Neal, Appellants, v. SHERCK EQUIPMENT COMPANY, INC., Appellee.

Court of Appeals of Texas, Texarkana.

May 3, 1988.

Attorney(s) appearing for the Case

L.L. "Mick" McBee, Jr., Dallas, for appellants.

Richard Grainger, Grainger, Howard & Davis, Tyler, for appellee.

GRANT, Justice.

Ardine O'Neal and Ethel Mae O'Neal (hereafter referred to as the O'Neals) appeal the dismissal of their case by the district court. The dismissal was based on special exceptions raised by Sherck Equipment Company (hereafter referred to as Sherck).

Ardine O'Neal was injured by a malfunctioning backhoe manufactured by the J.I. Case Company and rented to his employer by Sherck. The backhoe shovel fell while he was under it, causing injuries which...

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