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GARZA v. EXCEL LOGISTICS, INC.

No. 01-00-00256-CV.

100 S.W.3d 280 (2002)

Jose GARZA, Appellant, v. EXCEL LOGISTICS, INC. and Interim Services Pacific, L.L.C., Appellees.

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

Rehearing Overruled November 14, 2002.

Attorney(s) appearing for the Case

Lauren B. Harris, Hanen, Johnson & Spalding, L.L.P., Houston, for appellant.

Linda Marie Dedman, Robert D. Allen, Baker & McKenzie, Dallas, for appellee.

Panel consists of Chief Justice SCHNEIDER and Justices JENNINGS and WILSON.

OPINION

MICHAEL SCHNEIDER, Chief Justice.

Appellant, Jose Garza, ("Garza") sued Interim Services Pacific, L.L.C. ("Interim") and Excel Logistics, Inc. ("Excel") for damages resulting from on-the-job injuries. Interim and Excel filed a joint motion for summary judgment contending they were Garza's joint employers and that Garza's exclusive remedy against either co-employer was limited to worker's compensation benefits. The trial court granted

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