FRASER, Justice.
Appellant, W. S. Stephenson, originally filed his action for damages in the District Court of Reeves County, Texas, against Keith Camp, Sam Prewitt and Dr. Jim Camp, d/b/a Leader Grocery, a partnership, appellees, under Cause No. 5264; such Cause No. 5264 proceeded to trial and, after the presentation of the greater portion of appellant's cause of action, appellant took a nonsuit and refiled such cause of action in the District Court of Reeves County...
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