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TSM AM-FM TV v. MECA HOMES, INC.

No. 08-96-00474-CV.

969 S.W.2d 448 (1998)

TSM AM-FM TV, a/k/a KTSM TV Channel 9, a/k/a TSM TV Channel 9, a/k/a TSM AM Radio 1380, a/k/a Tri-State Broadcasting Company, Inc., Appellant, v. MECA HOMES, INC. and Mell Mashburn, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled May 5, 1998.

Attorney(s) appearing for the Case

Richard Munzinger, J. L. Jay, Scott, Hulse, Marshall, Feuill, Finger & Thurmond, El Paso, for Appellant.

Michael R. `Mickey' Milligan, El Paso, for Appellees.

Before BARAJAS, C.J., and LARSEN and CHEW, JJ.

OPINION

CHEW, Justice.

This is an interlocutory appeal from an order denying Tri-State Broadcasting Company, Inc.'s ("Tri-State") motion for summary judgement. Meca Homes, Inc. ("Meca") and Mell Mashburn ("Mashburn") also appeal from the denial of their motion for partial summary judgment.

On June 28, 1994, a large rock wall being built by Meca and Mashburn collapsed. Three workers, a cement truck, large boulders, and other debris tumbled...

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