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FAIN v. GREAT SPRING WATERS OF AMERICA, INC.

No. 12-97-00044-CV.

973 S.W.2d 327 (1998)

Harold FAIN, Doris Fain, and Bart Sipriano, Appellants, v. GREAT SPRING WATERS OF AMERICA, INC., a/k/a Ozarka Natural Spring Water Co., a/k/a Ozark Water Co. a/k/a Ozarka, Appellees.

Court of Appeals of Texas, Tyler.

January 29, 1998.

Attorney(s) appearing for the Case

Dick Swift, Pam Rea, Palestine, for appellants.

Borris A. Hildalgo, Christopher P. Hanslik, Houston, for appellee.

Before RAMEY, C.J., and HOLCOMB and HADDEN, JJ.

HOLCOMB, Justice.

Harold Fain, Doris Fain, and Bart Sipriano, Appellants ("landowners") filed suit against Appellee, Great Spring Waters of America, Inc., a/k/a Ozarka Natural Spring Water Co. ("Ozarka") for negligently draining their water wells. The trial court granted summary judgment for Ozarka, from which the landowners now appeal. They complain that the lower court erred when it granted Ozarka's motion for summary judgment because their allegation of malice...

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