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CONTRERAS v. LUFKIN INDEP. SCHOOL DIST.

No. 09-90-065 CV.

810 S.W.2d 23 (1991)

Martina CONTRERAS, Individually and as Next Friend of Esmeralda Contreras, a Minor, Appellants, v. LUFKIN INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied June 20, 1991.

Attorney(s) appearing for the Case

Richard Fischer, Nacogdoches, for appellants.

Ralph M. Zelesky, Zelesky, Cornelius, Rogers, Hallmark, & Hicks, Lufkin, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

WALKER, Chief Justice.

This is an appeal from Summary Judgment granted by the trial court holding that plaintiffs' pleadings failed to allege facts which would bring their claim within the provisions of Tex.Civ.Prac. & Rem.Code Ann. § 101.021(1)(A) (Vernon 1986, as amended). The trial court held as a matter of law that facts alleged by plaintiffs' petition showed that the accident made the basis of plaintiffs' suit did not arise out of the...

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