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ESQUIVEL v. MAPELLI MEAT PACKING CO.

No. 04-95-00150-CV.

932 S.W.2d 612 (1996)

Amado ESQUIVEL, Appellant, v. MAPELLI MEAT PACKING COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 17, 1996.

Attorney(s) appearing for the Case

James B. Lewis, Matthew J.M. Prebeg, Glover, Anderson, Chandler & Uzick, Houston, for appellant.

Stephanie Nelson, W. Richard Ellis, III, P.C., Houston, Abel Martinez, Groce, Locke & Hebdon, Sharon E. Callaway, Wallace B. Jefferson, Crofts, Callaway & Jefferson, P.C., San Antonio, for appellee.

Before CHAPA, C.J., and STONE and GREEN, JJ.

OPINION

GREEN, Justice.

Esquivel appeals the grant of summary judgment in favor of defendant, Montfort, Inc. d/b/a/ Mapelli Food Distribution Co. and Mapelli Food Distributing Co. d/b/a Mapelli Food Distribution Co., incorrectly identified in plaintiff's original petition as Mapelli Meat Packing Co. ("Mapelli"). Esquivel complains the trial court erred in granting summary judgment because (1) material fact issues remain as to the "right of control" of Esquivel...

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