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MARSHALL v. TOY-R-US NYTEX, INC.

No. B14-90-00956-CV.

825 S.W.2d 193 (1992)

Sherri L. MARSHALL and Donald Marshall, Appellants, v. TOYS-R-US NYTEX, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied February 27, 1992.

Attorney(s) appearing for the Case

Clinard J. Hanby, Houston, for appellants.

Ann Mcgee, John Milano, Jr., San Antonio, for appellee.

Before PAUL PRESSLER, JUNELL and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

Plaintiffs below appeal a summary judgment granted Toys-R-Us Nytex. In a single point of error, appellants claim the trial court erred because (1) Toys-R-Us failed to plead statutory immunity under the worker's compensation act, (2) there were fact issues concerning who was Ms. Marshall's employer and whether Toys-R-Us was a subscriber under the worker's compensation act, and (3) there was no evidence of actual or constructive...

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