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CAZALES v. LECON, INC.

Civil Action No. H-96-3659.

994 F.Supp. 765 (1997)

Irene CAZALES, Individually and as Next Friend of Rogelio Cazales, et al., Plaintiffs, v. LECON, INC., et al., Defendants, LECON, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

United States District Court, S.D. Texas.

October 2, 1997.

Attorney(s) appearing for the Case

Patricia A. Hill, Patricia Hill and Associates, Kyle Allen Frazier, Frazier & Frazier, Houston, TX, for Irene Cazales, Rogelio Cazales, Jr., Mayra S. Cazales, Felipe Cazales Gonzales, Rosa Maria Rosa Maria Fraire De Cazales.

Christopher C. Pappas, Dunn Kacal Adams Pappas and Law, Houston, TX, for Lecon, Inc.

James David Ebanks, Giessel Barker and Lyman, Houston, TX, for Landscape Construction Inc.

Gina Vaccaro Fulkerson, Thomas H. Padgett, Jr., Hudgins Hudgins & Warrick, Houston, TX, for Heights Electric, Inc., Associated Electrical Services Inc.

William K. Luyties, Lorance & Thompson, Houston, TX, for Huitt-Zollars Inc.

William Brad Howard, Office of U.S. Atty., Houston, TX, for Bob Clifton, U.S.

Joseph Alan Callier, Callier & Garza, Houston, TX, for U.S.

Craig Haworth Clendenin, Benckenstein Norvell & Nathan, Houston, TX, for O'Day Drilling Co.

Mark Travis Curry, Hughes Watters & Askanase, Houston, TX, for Valley Forge Ins. Co.

MEMORANDUM AND ORDER

CRONE, United States Magistrate Judge.

Pending before the court is Defendant and Third-Party Defendant United States Department of Veterans Affairs' ("the VA") motions to dismiss for lack of subject matter jurisdiction and for failing to state a claim upon which relief can be granted, or in the alternative for summary judgment (#'s 7, 85). The VA seeks to dismiss Plaintiffs Irene Cazales, Individually and as Next Friend of Rogelio Cazales...

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