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WHITAKER v. HUFFAKER

No. 08-89-00221-CV.

790 S.W.2d 761 (1990)

Robert WHITAKER and Georgia Kubiak, Appellants, v. Calloway HUFFAKER, Steven Haley and Dessie Whitaker, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 6, 1990.

Attorney(s) appearing for the Case

Richard D. Davis, Austin, for appellants.

Joe K. McGill, County Atty., Seminole, James H. Milam, John A. Flygare, Jones, Trout, Flygare, Moody & Brown, J.T. Kelley, Crenshaw, Dupree & Milam, Lubbock, for appellees.

Before OSBORN, C.J., and WOODARD and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

This is an appeal from a summary judgment granted to Appellees Haley and Whitaker. Calloway Huffaker, although carried as an Appellee, is not involved in this appeal, the cause of action against him having been severed and transferred to another county. We affirm the judgment of the trial court.

Appellants are the son and daughter of Homer Whitaker, who died testate in September 1981. Appellee Dessie Whitaker is the widow...

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