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NEUHOFF BROS., PACKERS v. ACOSTA

No. A-7182.

327 S.W.2d 434 (1959)

NEUHOFF BROS., PACKERS, Petitioner, v. Felipa H. ACOSTA et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 7, 1959.

Attorney(s) appearing for the Case

Lyne, Blanchette, Smith & Shelton, W. S. Barron, Jr., Dallas, for petitioner.

Mullinax, Wells & Morris, David R. Richards, Dallas, Robert G. Reeves, Tyler, for respondents.

NORVELL, Justice.

The Court of Civil Appeals dismissed the attempted appeal of Neuhoff Bros., Packers, because an appeal bond was not timely filed. Neuhoff Bros., Packers v. Acosta, Tex., 319 S.W.2d 416.

In determining the correctness of this action it is necessary to construe that part of Rule 356, Texas Rules of Civil Procedure, which reads as follows:

"Whenever a bond for costs on appeal is required, the bond...

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