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GIBBINS v. BERLIN

No. 2-04-163-CV.

162 S.W.3d 335 (2005)

Samuel Richard GIBBINS, Individually and d/b/a Delanya's Smoke Pit, Appellant, v. Gregory S. BERLIN and Robert M. Merz, Individually and d/b/a Fair Game Vending, Appellees.

Court of Appeals of Texas, Fort Worth.

March 31, 2005.

Attorney(s) appearing for the Case

Gardner, Aldrich & Murphy and John F. Murphy, Fort Worth, for Appellant.

Stephens & Anderson, L.L.P., Seth M. Anderson, and Matthew D. Stayton, Fort Worth, for Appellees.

PANEL A: CAYCE, C.J.; LIVINGSTON and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. Introduction

This is an appeal by Samuel Richard Gibbins ("Gibbins"), individually and d/b/a Delanya's Smoke Pit, from a judgment in favor of Gregory S. Berlin ("Berlin") and Robert M. Merz ("Merz"), individually and d/b/a Fair Game Vending, following a jury trial, wherein Gibbins asserts error by the trial court in two points: (1) inclusion in the charge of the court of an improper instruction on self-defense or...

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