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HERNANDEZ v. KOCH MACHINERY CO.

No. 01-98-00768-CV.

16 S.W.3d 48 (2000)

Jose Luis HERNANDEZ and Carmen Hernandez, Appellants, v. KOCH MACHINERY COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled April 27, 2000.

Attorney(s) appearing for the Case

Michael Kerensky, Houston, for appellee.

Evelyn Ailts Derrington, Michael Phillips, Houston, for appellants.

Panel consists of Justices O'CONNOR, HEDGES, and PRICE.

OPINION

FRANK C. PRICE, Justice (Assigned).

Appellants, Jose Luis Hernandez and his wife, Carmen Hernandez (collectively Hernandez), appeal the granting of the motion for summary judgment by appellee, Koch Machinery Company (Koch), that was based on the statute of repose and "no evidence" that the machine was unreasonably dangerous. In the event there is an adverse ruling on the statute of repose, Koch appeals the trial court's decision to grant Hernandez...

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