James Smith and Wife, Shirley Anne Smith, and Lumbermens Mutual Casualty Company v. Babcock & Wilcox Construction Company, Inc. and the City of Austin

babcock.3

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-93-112-CV

JAMES SMITH AND WIFE, SHIRLEY ANNE SMITH, AND

LUMBERMENS MUTUAL CASUALTY COMPANY,

APPELLANTS

vs.

BABCOCK & WILCOX CONSTRUCTION COMPANY, INC.,

AND THE CITY OF AUSTIN,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. 481,630, HONORABLE PETE LOWRY, JUDGE PRESIDING

Appellants James Smith and Shirley Anne Smith and Lumbermens Mutual Casualty Company ("Intervenor" or "Lumbermens") appeal from an order dismissing their cause of action against appellees Babcock & Wilcox Construction Company…