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PEEK v. DeBERRY

No. 04-93-00030-CV.

871 S.W.2d 520 (1994)

Lucie Allen PEEK, et al., Appellants, v. Marvin Wiley DeBERRY, Jr., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied March 8, 1994.

Attorney(s) appearing for the Case

Michael R. Wadler, Joe B. Stephens, Stephens & Stephens, L.L.P., B. Lee Ware, Nancy L. Hahn, Ware, Snow & Fogel, P.C., Houston, for appellants.

G. Thomas Coghlan, Les Katona, Jr., Laura Cavaretta, Lang, Ladon, Green, Coghlan & Fisher, P.C., San Antonio, for appellee.

Before BUTTS, GARCIA and PRESTON H. DIAL, Jr., JJ.

OPINION

PRESTON H. DIAL, Jr., Justice1 (Assigned).

This is an appeal from the granting of a motion to dismiss the appellants' wrongful death cause of action against the appellee. We will reverse and remand.

Appellee Marvin DeBerry shot and killed Clyde Peek on December 18, 1984. DeBerry was acquitted of the crime by reason of insanity. Peek's widow and children (the Peeks) filed suit against DeBerry and others in November...

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