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Ciup v. Chevron U.S.A. Inc.9/30/1996 R>
{23} For the reasons stated above, we conclude that the trial court properly granted summary judgment in Chevron's favor. Plaintiffs have failed to rebut Chevron's prima facie showing that no material issue existed that would determine Chevron's right to control the premises. Further, Plaintiffs have not preserved the issue of whether their motion to compel should have been decided before the motion for summary judgment. We therefore affirm the judgment of the trial court.
{24} IT IS SO ORDERED.
PAMELA B. MINZNER, Justice
WE CONCUR:
RICHARD E. RANSOM, Justice
ROBERT HAYES SCOTT, District Judge,
sitting by designation
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