CRAMER, Justice.
This is an appeal from a judgment awarding appellee Mercantile Petroleum, Inc., $225,000 damages against appellant Cockburn under art. 4004, Vernon's Ann.Civ.St. The action was filed by Mercantile Petroleum, Inc., John R. Less, Empire Trust Company, and Hubert D. Johnson, Trustee, as plaintiffs, against H. C. Cockburn as defendant. Cockburn's plead of privilege was overruled, and this Court, in Cockburn v. Less, affirmed that judgment,
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