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PENA v. TXO PRODCUTION CORP.

No. 13-91-121-CV.

828 S.W.2d 188 (1992)

Evangelina PENA and Ovidio Pena, Individually and as Representative of the Estate of Daniel Pena, Deceased, and as Next Friends for Daniel Nathan Pena and Patrick Adrian Pena, Minors, Appellants, v. TXO PRODUCTION CORPORATION, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled April 16, 1992.

Attorney(s) appearing for the Case

Roy D. Quillian, III, San Antonio, for appellants.

William A. Abernethy, Meredith, Donnell & Abernethy, Corpus Christi, for appellee.

Before GILBERTO HINOJOSA, DORSEY and BISSETT, JJ.

OPINION

GILBERTO HINOJOSA, Justice.

In this wrongful death and survival action the plaintiffs1 appeal from entry of summary judgment in favor of the defendant, TXO Production Corp., a mineral lessor. The issue presented is whether the plaintiffs' response to the defendant's motion for summary judgment presented some controverting evidence that TXO had a right of control over its subcontractor's work, and therefore owed a duty...

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