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CRUZ v. LIBERTY MUT. INS. CO.

No. 6-92-035-CV.

853 S.W.2d 714 (1993)

Roque CRUZ and Rosaura Cruz, Individually and as Next Friends for Rosibel Cruz, Alvaro Cruz and Perla Evelyn Cruz, Minor Children, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied May 18, 1993.

Attorney(s) appearing for the Case

Lawrence L. Mealer, Dallas, for appellants.

C. Douglas Calvert, Haynes and Boone, Dallas, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

BLEIL, Justice.

Roque Cruz and Rosaura Cruz, individually and as next friends of Rosibel Cruz, Alvaro Cruz and Perla Evelyn Cruz, minors, appeal a summary judgment in favor of Liberty Mutual Insurance Company. The Cruzes claim that the summary judgment was improper because there existed fact questions about whether Liberty Mutual was prejudiced because it had no notice of the Cruzes' suit against Metropolitan Transportation Company and whether the...

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