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DYALL v. SIMPSON PASADENA PAPER CO.

No. 14-01-00432-CV.

152 S.W.3d 688 (2004)

Wallace and Deanna DYALL, Appellants, v. SIMPSON PASADENA PAPER COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 24, 2004.

Attorney(s) appearing for the Case

Alice Oliver-Parrott, Maria Teresa Arguindegui, Houston, for appellants.

Matthew W. Brown, Gary G. Green, Houston, for appellee.

MAJORITY OPINION ON EN BANC REHEARING

J. HARVEY HUDSON, Justice.

This appeal arises from a claim of damages for injuries allegedly sustained by the inhalation of chlorine dioxide vapors by an employee of an independent contractor hired to make repairs on a leaking flange at a paper mill. Wallace Dyall, an employee of Industrial Pipe and Plastic, Inc. ("IPP"), and his wife, Deanna Dyall (collectively, "Dyall"), sued the owner of the mill, Simpson Pasadena...

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