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MIDKIFF v. HINES

No. 01-92-01248-CV.

866 S.W.2d 328 (1993)

Donald MIDKIFF, Sr. and Linda Neely, Individually and as natural parents and personal representatives of the Estate of Lorrie Midkiff, Deceased, Appellants, v. Gerald D. HINES, Gerald D. Hines Interests, Limited and Setec Protection Service, Incorporated, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 2, 1993.

Attorney(s) appearing for the Case

Ladd R. Gibke, Houston, for appellant.

John P. Venzke, Scott Wonderly, Houston, for appellees.

Before DUGGAN, HUTSON-DUNN and ANDELL, JJ.

OPINION

HUTSON-DUNN, Justice.

The appellants, Donald Midkiff, Sr. and Linda Neely, individually and as natural parents and personal representatives of the estate of Lorrie Midkiff, appeal from a take-nothing summary judgment in favor of the appellees, Gerald D. Hines, Gerald D. Hines Interests, Limited, and Setec Protection Service Incorporated. We reverse and remand.

As Lorrie Midkiff was sitting in her vehicle in the drive-through line at an Antone...

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