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COWART v. KMART CORP.

No. 05-97-01635-CV.

20 S.W.3d 779 (2000)

Billy COWART and Julie Elaine Cowart, Individually and as Representatives of the Estate of Richard Glenn Cowart, Deceased, Appellants, v. KMART CORPORATION, Appellee.

Court of Appeals of Texas, Dallas.

May 8, 2000.

Attorney(s) appearing for the Case

Ronald W. Uselton, Sherman, for Appellants.

Willie Ben Daw, Daw & Ray, P.C., Sherry Bankhead Bellinger, Houston, for Appellee.

Before Justices MOSELEY, O'NEILL, and ROSENBERG.

OPINION

Opinion By Justice ROSENBERG (Assigned).

Billy Cowart and Julie Elaine Cowart, individually and as representatives of the Estate of Richard Glenn Cowart, Deceased (collectively, the Cowarts), sued Kmart Corporation (Kmart) for negligently selling ammunition to Manuel Carrasco and James Gabriel that another person, Leonard Bell, used to shoot and kill Richard Cowart. To defeat the Cowarts' negligence action, Kmart filed a motion for summary judgment...

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