KINNARD v. CIRCLE K STORES INC.

No. 04-96-00798-CV.

966 S.W.2d 613 (1998)

Harold KINNARD and Rebecca Kinnard, Appellants, v. CIRCLE K STORES INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 4, 1998.


Attorney(s) appearing for the Case

Thomas B. Black, San Antonio, Paul D. Rich, Rich & Alonzo, P.C., Dallas, William A. Brant, Nunley & Jolley, L.L.P., Boerne, for Appellants.

Steven M. Zager, Joe Michels, Gregory S. Coleman, Robert W. Higgason, Weil, Gotshal & Manges, L.L.P., Houston, Joseph C. Elliott, Plunkett & Gibson, Inc., San Antonio, Dewey E. Helmcamp, III, Assistant Attorney General Administrative Law Division, Austin, for Appellee.

Before RICKHOFF, LÓPEZ and ANGELINI, JJ.


OPINION

RICKHOFF, Justice.

In this case of first impression in Texas, Harold and Rebecca Kinnard appeal from a summary judgment granted in favor of Circle K Stores, Inc. ("Circle K") on their claim that Circle K breached its duty to them to sell lottery tickets in conformity with their instructions. We affirm.

FACTS

Rebecca Kinnard bought tickets for the January 2, 1993 Lotto Texas drawing1 at a San Antonio...

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