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ASTEC INDUSTRIES, INC. v. SUAREZ

No. 2-95-046-CV.

921 S.W.2d 794 (1996)

ASTEC INDUSTRIES, INC. and Barber-Greene Company, Appellants, v. Juana Irma SUAREZ, Individually and as Surviving Spouse of Hector Suarez, and as Administratrix of the Estate of Hector Suarez, Deceased, and as Next Friend of Juan Carlos Suarez and Hector Hugo Suarez, Minors; and Susana Medina Juarez, Individually and as Surviving Spouse of Joaquin Juarez, Deceased; and Leopoldo Juarez, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 6, 1996.

Attorney(s) appearing for the Case

William L. Latham, David W. Kirkman and Gary E. Steffen, McDonald Sanders, P.C., Fort Worth, Jeff Hollingsworth, Stophel & Stophel, Chattanooga, Tennessee, for Appellants.

Kevin A. Byrne, Kugle & Frederick, Fort Worth, H. Dustin Fillmore, The Fillmore Law Firm, P.C., Fort Worth, H.G. Wells, Wells, Williford & Felber, Fort Worth, Malcolm McGregor, El Paso, for Appellees.

Before CAYCE, C.J., and DAUPHINOT and CHUCK MILLER (Assigned), JJ.

OPINION

DAUPHINOT, Justice.

Appellants Astec Industries, Inc. and Barber-Greene Company appeal the trial court's judgment entered against them, based on a jury finding that Appellants' failure to warn was the producing cause of an incident that left two workers dead. In five points of error, Appellants complain that the trial court erred in entering judgment for the plaintiffs because the statute of repose...

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