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MARTINEZ v. HUMBLE SAND & GRAVEL, INC.

No. 08-95-00310-CV.

940 S.W.2d 139 (1996)

Jose L. MARTINEZ, et ux, Appellant, v. HUMBLE SAND & GRAVEL, INC., et al., Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled December 19, 1996.

Attorney(s) appearing for the Case

Lance Bradley, Provost & Umphrey, Beaumont, for Appellant.

Paul J. Holmes, Holmes, Harris & Jeffrey, P.C., Jim I. Graves, Mehaffey & Webber, Beaumont, Steve C. Ashley, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, Inc., Odessa, Kenneth John Bower, Galveston, David M. Russell, Hinkle, Cox, Eaton, Cofield & Hensley, Amarillo, Barbara Barron, Mehaffey & Weber, J. Michael Dodson, Pate & Dodson, Beaumont, Edward J. Hennessy, Ronald T. Hancock, Nelson & Zeidman, Timothy J. Hogan, Bell & Murphy, P.C., Raymond T. Matthews, William C. Book, David Burns, Tekell, Book, Matthews & Limmer, Houston, W. Bruce Williams, Cotton, Bledsoe, Tighe & Dawson, Midland, Ryan A. Beason, Funderburk & Funderburk, Karl Van Gardner, David Brill, Hassard Bonnington, Houston, for Appellees.

Before LARSEN, McCLURE, and CHEW, JJ.

OPINION

McCLURE, Judge.

This is a plaintiff's appeal from an adverse summary judgment. We affirm in part and reverse and remand in part.

PROCEDURAL HISTORY

Jose Martinez filed suit on August 13, 1992, claiming he acquired silicosis, an occupational disease, due to his employment as a sandblaster. Martinez sued the defendants, who are various manufacturers and suppliers of sandblasting equipment and materials alleging negligence,...

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