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EL PASO, Texas — An appeals court in Texas denied Whataburger’s attempt to dismiss, under the Texas Citizens Protection Act, a lawsuit brought by a customer who was rear-ended in the drive-thru, which led to a physical altercation involving the driver. Whataburger cannot claim immunity under the act because it, an anti-SLAPP statute, protects the right of free association and speech in Texas and does not relate to the negligence and liability claims at hand.