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McDANIEL v. CONTINENTAL APARTMENTS

No. 05-92-01957-CV.

887 S.W.2d 167 (1994)

J.L. and Mary McDANIEL, Appellants, v. CONTINENTAL APARTMENTS JOINT VENTURE, Janet Baulhaber, Gaylor Horn, James Blabaum, Carol Schultz, Clifford Strelow, William Hebert, Cyril Tilson, Richard Karls, Donald Wahlin, Charles Williams and Jerry Huckabee, Appellees.

Court of Appeals of Texas, Dallas.

October 6, 1994.

Attorney(s) appearing for the Case

Tom A. Stribling, Austin, Gary Lewellen, Stephenville, Albert G. McGarth, Jr., Dallas, Paul A. Hoffman, Dallas, Cynthia Hollingsworth, David C. Godbey, Dallas, for appellants.

Ken Carroll, Dallas, for appellees.

Before Justices BAKER, OVARD, and MALONEY.

OPINION ON MOTION FOR REHEARING

MALONEY, Justice.

We deny appellants' motion for rehearing. We withdraw this Court's opinion of June 6, 1994. This is now the opinion of the Court.

J.L. and Mary McDaniel sued Continental Apartments Joint Venture, the individual members of the Joint Venture,1 and Jerry Huckabee in a wrongful death and survival action. The McDaniels alleged premises defect and negligent activity theories...

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