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PEEK v. OSHMAN'S SPORTING GOODS, INC.

No. 04-88-00023-CV.

768 S.W.2d 841 (1989)

Lucie Allen PEEK, et al, Appellants, v. OSHMAN'S SPORTING GOODS, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied April 19, 1989.

Attorney(s) appearing for the Case

R. Gary Stephens, Joe B. Stephens, Stephens & Clark, Houston, for appellants.

Karen A. Angelini, Roy C. Brock, Nissa A. Mykleby, Brock & Kelfer, San Antonio, for appellee.

Before CADENA, C.J., and BUTTS and CARR, JJ.

OPINION

BUTTS, Justice.

This is an appeal from a summary judgment granted for appellee Oshman's Sporting Goods, Inc. [Oshman's] in a negligence and wrongful death and survival action brought against Oshman's and others. The lawsuit alleged negligence on the part of Oshman's in the sale of a handgun to Marvin Wiley Deberry, Jr., which Deberry used to shoot and kill Clyde Peek. Appellants, plaintiffs below, are Peek's heirs. This cause of action was severed...

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