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GRACIA v. BROWNSVILLE HOUSING

No. 94-60449.

105 F.3d 1053 (1997)

Jose GRACIA, et al., Plaintiffs-Appellants, Cross-Appellees, and Healthsouth Rehabilitation Center, Intervenor-Appellant, Cross-Appellee, v. BROWNSVILLE HOUSING, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

February 14, 1997.

Attorney(s) appearing for the Case

Fred L. Streck, III, Dwain Dent, Dent Lawfirm, Fort Worth, TX, Denning Schattman, Fort Worth, TX, J. Stewart Bass, Dent Lawfirm, Harlingen, TX, Robert Haslam, Dent Lawfirm, Fort Worth, TX, Art Brender, Fort Worth, TX, Joseph Anthony Rodriguez, Rodriguez, Colvin & Chaney, Brownsville, TX, for Gracia.

Thomas Daniel Hollaway, Sullins, Johnson, Rohrbach, Magers & Herbert, Houston, TX, for Healthsouth.

Roger W. Hughes, Georgina M. Benavides, Craig H. Vittitoe, Patricia Kelly, Adams & Graham, Harlingen, TX, for Brownsville Housing.

Robert Lawrence Guerra, Thornton, Summers, Biechlin, Dunham & Brown, Inc., McAllen, TX, Roger W. Hughes, Adams & Graham, Harlingen, TX, for Raul Trevino and G. Rubalcaba.

W. Michael Fisher, Brownsville, TX, for City of Brownsville.

Before KING, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:

This appeal arises from a terrible accident. In the summer of 1988, the Jose Gracia family was visiting Ezequiel Gracia, a relative, who was a resident of the Victoria Gardens Housing Project, a public housing project in Brownsville, Texas. During the visit, four children were playing in Mr. Gracia's hammock, which was strung between two trees near his apartment. One of the trees, a decayed avocado tree over twenty feet high, collapsed and fell on the...

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