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BERGIN v. TEXAS BEEF GROUP

No. 07-09-00296-CV.

339 S.W.3d 312 (2011)

David W. BERGIN, et ux, Erin Bergin, Individually and as Next Friends of John David Bergin and Lauren Bergin, Minors, Appellants, v. TEXAS BEEF GROUP, Appellee.

Court of Appeals of Texas, Amarillo, Panel E.

March 29, 2011.

Attorney(s) appearing for the Case

Nancy J. Stone , Law Office of Nancy J. Stone, Amarillo, TX, Robyn Goldstein, S. Shawn Stephens , Baker & Hostetler LLP, Houston, TX, Sam L. Stein , Whittenburg, Whittenburg, Garner & Stein, P.C., Cherokee, OK, for Appellants.

John B. Turney , Richards Rodriguez & Skeith LLP, Austin, TX, Steven L. Hoard , Sarah D. Pelley , Mullin Hoard & Brown, L.L.P., Amarillo, TX, for Appellee.

Before CAMPBELL and HANCOCK, JJ., and BOYD, S.J.

OPINION

JAMES T. CAMPBELL, Justice.

Appellee Texas Beef Group, a general partnership, sued appellants David W. Bergin and Erin Bergin2 in Randall County for a declaration that a threatened nuisance action by the Bergins was barred by a statute of repose. The Bergins filed a motion to transfer venue of the case to Hansford County. The trial court denied the motion and later rendered a summary judgment declaring the relief Texas...

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