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PANDO v. SOUTHWEST CONVENIENCE STORES

No. 11-06-00064-CV.

242 S.W.3d 76 (2007)

Brian PANDO and Aurelio Pando, Appellants, v. SOUTHWEST CONVENIENCE STORES, L.L.C., Appellee.

Court of Appeals of Texas, Eastland.

September 6, 2007.

Attorney(s) appearing for the Case

Michael McLeaish, Odessa, for appellants.

Jana G. Clift, Cotton Bledsoe Tighe & Dawson, Richard R. Fletcher, Midland, for appellee.

Panel consists of: WRIGHT, C.J., and McCALL, J.

OPINION

TERRY McCALL, Justice.

This is an appeal from a take-nothing summary judgment in a case involving the Dram Shop Act, TEX. ALCO. BEV.CODE ANN. §§ 2.01-.03 (Vernon 2007). Brian Pando and his father, Aurelio Pando, sued Southwest Convenience Stores, L.L.C., alleging that it sold alcoholic beverages to Brian while he was obviously intoxicated and was, therefore, liable for the wreck that Brian had after leaving the convenience store and consuming...

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