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WYATT v. SHAW PLUMBING CO.

No. C-6801.

760 S.W.2d 245 (1988)

Oscar S. WYATT, Jr., Petitioner, v. SHAW PLUMBING COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied December 14, 1988.

Attorney(s) appearing for the Case

Ken Dahlbert, Wood & Burney, Corpus Christi, Tracy DuBose, DuBose & Short, Montgomery, Joe R. Greenhill and Larry F. York, Baker & Botts, Austin, for petitioner.

Richard J. Hatch, Prichard, Peeler, Hatch, Cartwright, Hall & Kratzig, Corpus Christi, for respondent.

OPINION

RAY, Justice.

This case arises out of a dispute over the services provided by a plumbing contractor in the construction of a house in Duval County. The issue presented by this appeal involves a plea in abatement filed in a second suit in Nueces County when a prior suit was pending in Duval County. The court of appeals affirmed the Nueces County district court, holding that the decision to grant a plea in abatement was within the discretion of the...

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