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LAWRENCE v. CDB SERVICES, INC.

No. 07-98-0356-CV.

16 S.W.3d 35 (2000)

Gary LAWRENCE, et ux, Martee Lawrence, Appellants, v. CDB SERVICES, INC., Appellee.

Court of Appeals of Texas, Amarillo.

January 20, 2000.

Attorney(s) appearing for the Case

Templeton, Smithee, Hayes, Fields Young & Heinrich, Brian Heinrich, Robert L. Templeton, Amarillo, for appellants.

Gibson, Ochsner & Adkins, L.L.P., S. Tom Morris, Amarillo, for appellee.

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

ON MOTION FOR REHEARING

PHIL JOHNSON, Justice.

We withdraw our original opinion of October 11, 1999, and issue the following opinion in lieu thereof.

Gary Lawrence (Lawrence) and wife, Martee Lawrence, sued CDB Services, Inc. (CDB) for damages, alleging that Lawrence was injured due to the negligence of CDB. Lawrence was in the course of his employment for CDB at the time of his injury. CDB moved for summary judgment on the basis that prior to his...

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