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DOWNING v. GULLY

No. 2-95-097-CV.

915 S.W.2d 181 (1996)

Dwain DOWNING and Vanessa Downing, Appellant, v. Dr. Roy C. GULLY, D.V.M., P.C., d/b/a Cooper Place Animal Clinic, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled February 29, 1996.

Attorney(s) appearing for the Case

Dwain Downing, Arlington, pro se.

Donald A. Ferrill, Andrew L. Wambsganss, Christopher J. Pruitt, Brown Thompson Pruitt & Peterson, P.C., Fort Worth, for appellee.

Before CAYCE, C.J., and DAUPHINOT and JOHN HILL (Sitting by Assignment), JJ.

OPINION

DAUPHINOT, Justice.

Dwain and Vanessa Downing appeal a summary judgment entered against them on their claims of negligence and misrepresentation against their veterinarian, Dr. Roy Gully, d/b/a Cooper Place Animal Clinic. Because we find that the clinic's affidavits are legally sufficient and also that Dr. Gully is immune from liability on the misrepresentation claim, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In July of 1992...

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