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BURNS v. DREW WOODS, INC.

No. 10-94-280-CV.

900 S.W.2d 128 (1995)

Celestine BURNS, Appellant, v. DREW WOODS, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled June 28, 1995.

Attorney(s) appearing for the Case

Lane D. Thibodeaux, James & Thibodeaux, P.L.L.C., Bryan, for appellant.

Cynthia L. Jones, David Funderburk, Funderburk & Funderburk, Houston, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

Celestine Burns sued Lattner Boiler Manufacturing Company and Drew Woods, Inc., alleging that she was injured when a boiler— manufactured by Lattner and maintained by Drew Woods—exploded. Lattner's motion to dismiss the suit on grounds it had settled Burns' claim was granted with prejudice to Burns' refiling it. Drew Woods moved to dismiss Burns' claim for want of prosecution after she failed to appear for a pretrial...

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