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DENNY'S INC. v. RAINBO BAKING CO., INC.

No. 01-88-01187-CV.

776 S.W.2d 246 (1989)

DENNY'S INC., et al., Appellant, v. RAINBO BAKING COMPANY, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 3, 1989.

Attorney(s) appearing for the Case

Bill R. Bludworth, Katherine S. Youngblood, Wood, Lucksinger & Epstein, Houston, for appellant.

Randall J. Heldt, Funderburk & Funderburk, Houston, for appellee.

Before SAM BASS, DUGGAN and HUGHES, JJ.

SAM BASS, Justice.

This is an appeal from the granting of a summary judgment filed in response to a third-party action, which was later severed from the original action.

We reverse and remand.

Esther Anderson and her husband, Russell D. Anderson [the Andersons], filed suit against appellants, Denny's, Inc., Denny's Restaurant, Inc., Denny's, Inc. d/b/a Denny's Restaurant, Inc., Portion-Trol Foods, Inc., and Proficient Food Company [Denny's], for personal...

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