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BERLY v. D & L SEC. SERVICES

No. 05-92-02510-CV.

876 S.W.2d 179 (1994)

Earreserryil and Annamma BERLY, Individually and as Representatives of the Estate of Anecletas Berly, and Transportation Insurance Company, Intervenor, Appellants, v. D & L SECURITY SERVICES AND INVESTIGATIONS, INC. and Elbert Phillips, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 11, 1994.

Attorney(s) appearing for the Case

David R. Weiner, David L. Kern and Jeffrey M. Lust, Dallas, for appellants.

John Holman Barr and George Nicholas, Dallas, for appellees.

Before THOMAS, OVARD and BARBER, JJ.

OPINION

OVARD, Justice.

Appellants Earreserryil and Annamma Berly, individually and as representatives of the estate of Anecletas Berly, and Transportation Insurance Company appeal from a take-nothing summary judgment in favor of appellees, D & L Security Services and Investigations, Inc. and Elbert Phillips.1 We reverse and remand.

Anecletas Berly (Berly) was an employee of Kroger Corporation, Inc.

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