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UNITED FOOD v. WAL-MART STORES

No. 02-13-00353-CV.

430 S.W.3d 508 (2014)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, Organization United for Respect at Walmart, North Texas Jobs with Justice, Lester Eugene Lantz, and Does 1-10, Appellants v. WAL-MART STORES, INC.; Wal-Mart Real Estate Business Trust; Wal-Mart Realty Company; Wal-Mart Stores Texas, LLC; Wal-Mart Stores East, LP; and Sam's East, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

April 17, 2014.

Attorney(s) appearing for the Case

Rod Tanner , Tanner and Associates, PC, Fort Worth , G. William Baab , Baab and Denison, LLP, Dallas, for Appellants.

Peter Wahby , Charles P. Floyd , Greenberg and Taurig, LLP, Dallas, Marshall M. Searcy , John H. Cayce , Kelly Hart & Hallman, LLP, Fort Worth, Steven D. Wheeless , Douglas D. Janicik , Steptoe and Johnson LLP, Phoenix, AZ, for Appellees.

PANEL: LIVINGSTON, C.J.; GARDNER and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

This is an interlocutory appeal from the trial court's order denying Appellants' motion to dismiss filed pursuant to the Texas Citizens' Participation Act (TCPA). Because Appellees established by clear and specific evidence a prima facie case for each essential element of their trespass claim and because Appellants failed to establish by a preponderance of...

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