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EDWARDS v. NEELY OIL, INC.

No. 8780.

556 S.W.2d 114 (1977)

Patricia L. EDWARDS, Individually and as next friend of Cynthia Edwards and John Edwards, Appellants, v. NEELY OIL, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied October 3, 1977.

Attorney(s) appearing for the Case

McCreary & Weir, Robert C. McCreary, Austin, for appellants.

Gibson, Ochsner, Adkins, Harlan & Hankins, Joe Harlan, Amarillo, for appellee.

ROBINSON, Chief Justice.

This is a wrongful death action. Plaintiff Patricia L. Edwards sued Neely Oil, Inc. and other defendants individually and as next friend of her two minor children for the alleged wrongful death of her husband, John W. Edwards. Plaintiff has appealed from the granting of a summary judgment for Neely Oil, Inc. Affirmed.

In a summary judgment proceeding, the question is not whether the summary judgment proof raises fact issues with reference...

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