YOUNGBLOOD v. U.S. SILICA CO.

No. 06-03-00020-CV.

130 S.W.3d 461 (2004)

Johnny YOUNGBLOOD and Carol Youngblood, Appellants, v. U.S. SILICA COMPANY, The Feldspar Corporation, and Unimin Corporation, Appellees.

Court of Appeals of Texas, Texarkana.

Decided March 17, 2004.


Attorney(s) appearing for the Case

Jason A. Gibson, Russell W. Endsley, Smith & Gibson, PC, Houston, for appellants.

Reid Wm. Martin, Sammons & Parker, PC, Tyler, for The Feldspar Corporation.

Michael C. Wright, David F. Johnson, Winstead, Sechrest & Minick, PC, Dallas, for Unimin Corporation.

N. Terry Adams Jr., Steven L. Russell, Beirne, Maynard & Parsons, LLP, Dallas, for U.S. Silica Corporation.

Before MORRISS, C.J., ROSS and CARTER, JJ.


OPINION

Opinion by Justice ROSS.

We withdraw our opinion of December 18, 2003, overrule the appellees' motion for rehearing, and substitute the following opinion.

Near the end of his forty years of employment with Kilgore Ceramics,1 Johnny Youngblood developed respiratory problems. He eventually retired and learned his breathing difficulties were caused by the work-related...

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