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LEMOTHE v. CIMBALISTA

No. 12222.

236 S.W.2d 681 (1951)

LEMOTHE v. CIMBALISTA by GATES.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 21, 1951.

Attorney(s) appearing for the Case

Eugene S. Hurt, Brownsville, Starley & Dennison, Pecos, for appellant.

Brown & Smith and Carter & Stiernberg, all of Harlingen, for appellee.

W. O. MURRAY, Chief Justice.

This suit was instituted by Patricia Cimbalista, by and through her next friend, Mrs. Mary Gates, in the 103rd District Court of Cameron County, against J. R. Lemothe, seeking to recover damages in the sum of $10,000, alleged to have resulted from an automobile collision. Citation was issued on May 13, 1949, and was served on defendant on September 22, 1949, in Ward County, Texas. The citation carried the following directive: "If this...

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