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PEEK v. EQUIPMENT SERVICES, INC.

No. 04-93-00532-CV.

906 S.W.2d 529 (1995)

Lucie Allen PEEK, Individually and As Administratrix of the Estate of Clyde Peek, et al., Appellants, v. EQUIPMENT SERVICES, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 6, 1995.

Attorney(s) appearing for the Case

Joe B. Stephens, Michael R. Wadler, Stephens & Stephens, L.L.P., Houston, for Appellants.

Ron A. Sprague, R. Matt Lair, Gendry & Sprague, P.C., San Antonio, for Appellee.

Before CHAPA, C.J., and HARDBERGER and DUNCAN, JJ.

OPINION

CHAPA, Chief Justice.

This is an appeal from a summary judgment granted in favor of appellee Equipment Services, Inc., in a negligence and wrongful death and survival action brought against appellee by the heirs of Clyde Peek, the deceased. The cause of action arose when Marvin Wiley DeBerry, Jr., an officer and employee of appellee, shot and killed Peek. The lawsuit alleged liability under the theories of respondeat superior, failure to control...

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