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MARTINEZ v. CITY OF SAN ANTONIO

Nos. 04-99-00872-CV, 04-99-00873-CV, 04-99-00874-CV.

40 S.W.3d 587 (2001)

Jeannie MARTINEZ, et al., Appellants, v. CITY OF SAN ANTONIO, et al., Appellees. William Hernandez, et al., Appellants, v. Via Metropolitan Transit, et al., Appellees. Eric T. Ferguson, et al., Appellants, v. Alamo Iron Works, Inc., et al., Appellees.

Court of Appeals of Texas, San Antonio.

January 31, 2001.

Attorney(s) appearing for the Case

Dennis C. Reich, Shari A. Wright, Robert J. Binstock, Reich & Binstock, Houston, Marvin Miller, Richard Miller, Miller & Miller, San Antonio, E.B. Barretto, Law Offices of Sinkin & Barretto, San Antonio, Newton B. Schwartz, Houston, Stephen W. Boyd, Law Offices of Boyd & Dietzmann, P.C., Boerne, for Appellant.

Emerson Banack, Jr., William T. Armstrong, III, Jeffers & Banack, Inc., Stephen P. Allison, Haynes & Boone, L.L.P., R. Laurence Macon, Courtney McKendrick, Akin, Gump, Strauss, Hauer & Feld, Dwana R. Carr, Robert B. Padgett, Escamilla & Poneck, Inc., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.

OPINION

PAUL W. GREEN, Justice.

Approximately six-hundred San Antonio residents claim to have been injured as a result of exposure to lead contaminated soils excavated from the site of a former iron foundry during construction of the Alamodome Sports Complex. In three separate lawsuits, which were later consolidated for discovery purposes, the residents named numerous defendants, including the City of San Antonio, VIA Metropolitan Transit ("VIA")(developer...

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