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MORENO v. STERLING DRUG, INC.

No. 87-5583 Summary Calendar.

850 F.2d 1047 (1988)

Alfred MORENO and Emma Moreno, Plaintiffs-Appellants, v. STERLING DRUG, INC., Defendant-Appellee. Camilla SLOAN and James Sloan, Plaintiffs-Appellants, v. STERLING DRUG, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 1988.

Attorney(s) appearing for the Case

Leslie Stephen Mendelsohn, James M. Heidelberg, San Antonio, Tex., for plaintiffs-appellants.

Mark M. Donheiser, P. Michael Jung, Bryan James Maedgen, Dallas, Tex., for defendant-appellee.

Wayne Fisher, Houston, Tex., for amicus — Texas Trial Lawyers Assoc.

Michael T. Gallagher, David W. Holman, Houston, Tex., for amicus — Assoc. of Trial Lawyers of America.

Javier P. Guajardo, Asst. Atty. Gen., Austin, Tex., for amicus — State of Tex.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

Exercising the privilege granted by Tex. Const. Art. 5 § 3-c, and Tex.R.App.P. 114, we certify to the Texas Supreme Court questions of Texas law which are determinative of the appeal now pending before this court.

CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF TEXAS TO THE HONORABLE, THE SUPREME COURT OF THE STATE OF TEXAS, AND THE HONORABLE, THE CHIEF JUSTICE AND ASSOCIATE...

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