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BOYD v. FUEL DISTRIBUTORS, INC.

No. 3-89-184-CV.

795 S.W.2d 266 (1990)

George BOYD and Carol Boyd, Individually, and as Representatives of the Estate of William Neal Boyd, Deceased and Robert Kruse, Appellants, v. FUEL DISTRIBUTORS, INC., Individually, and d/b/a Pay-less Store No. 643, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 17, 1990.

Attorney(s) appearing for the Case

Jeff E. Rusk and Francis Y. Pan, Shields & Rusk, Austin, for appellants.

Beverly Willis Bracken, Naman, Howell, Smith & Lee, P.C., Waco, for appellees.

Before POWERS, CARROLL and ABOUSSIE, JJ.

ABOUSSIE, Justice.

This is an appeal from a summary judgment. We will affirm the judgment of the trial court.

The summary judgment record reveals that on February 23, 1988, eighteen-year-old Robert Kruse, along with eighteen-year-old Neal Boyd, drove to a "Pay-less" convenience store owned and operated by appellee. Kruse and Boyd entered the store, and Kruse purchased a twelve-pack of beer. The store clerk, Yvonne Peeler, did not ask Kruse for proof of his...

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