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GARDEMAL v. WESTIN HOTEL CO.

No. 98-50119.

186 F.3d 588 (1999)

Lisa Cerza GARDEMAL, Administrator of the Estate of John W. Gardemal, Deceased, Plaintiff-Appellant, v. WESTIN HOTEL COMPANY, doing business as Westin Regina Resort; Westin Mexico SA de CV, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 29, 1999.

Attorney(s) appearing for the Case

Kenneth L. King, King Law Firm, Dallas, TX, Ronald F. Ederer, Reed, Ederer & Moore, San Antonio, TX, for Plaintiff-Appellant.

Jeffrey S. Hawkins, Ball & Weed, San Antonio, TX, for Westin Hotel Company.

John Barney Beckworth, Danielle Clarke, Beckworth & Carrigan, Houston, TX, for Defendants-Appellees.

Before EMILIO M. GARZA, DeMOSS and PARKER, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-appellant, Lisa Cerza Gardemal ("Gardemal"), sued defendants-appellees, Westin Hotel Company ("Westin") and Westin Mexico, S.A. de C.V. ("Westin Mexico"), under Texas law, alleging that the defendants were liable for the drowning death of her husband in Cabo San Lucas, Mexico. The district court dismissed the suit in accordance with the magistrate judge's recommendation that the court grant Westin's motion for summary judgment, and...

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