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LUBAWY v. CITY OF McLEAN, TEXAS

Civ. A. No. CA-2-1334.

355 F.Supp. 1109 (1973)

Robert LUBAWY, Plaintiff, v. CITY OF McLEAN, TEXAS, Defendant.

United States District Court, N. D. Texas, Amarillo Division.

March 15, 1973.

Attorney(s) appearing for the Case

J. Jerry Merchant, Merchant, Barfield & Poff, Amarillo, Tex., for plaintiff.

Don R. Lane, Lane & Douglass, Pampa, Tex., for defendant.

ORDER OF DISMISSAL

WOODWARD, District Judge.

The present cause of action is brought under the Texas Wrongful Death Statute, Tex.Rev.Civ.Stat.Ann. art. 4675. Plaintiff's wife died on January 5, 1970, as a result of carbon monoxide inhalation while husband and wife were guests at a motel. Plaintiff alleges negligence on the part of defendant City of McLean in providing natural gas to the motel without insuring the presence of adequate ventilation to the premises...

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