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ARCHER v. SKELLY OIL COMPANY

No. 6771.

314 S.W.2d 655 (1958)

Gertrude L. ARCHER et al., Appellants, v. SKELLY OIL COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

On the Merits June 2, 1958.

Rehearing Denied June 23, 1958.

Attorney(s) appearing for the Case

Sanders, Scott, Saunders & Smith, Amarillo, C. J. Humphrey, Amarillo, of counsel, for appellants.

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, H. A. Berry, Amarillo, of counsel, Gayle Pickens, Tulsa, Okl., for appellee.

PER CURIAM.

On May 7, 1958, following oral arguments of this case before this court on May 5, 1958, appellants filed a motion they styled, "Appellants' Motion under Rules 428 and 429, Texas Rules of Civil Procedure," requesting the right to file an affidavit by one of appellants' attorneys, C. J. Humphreys, with respect to the fact that no oral testimony was heard in the court below on motion by all parties for summary judgment

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