No. A-7989.

341 S.W.2d 887 (1960)

Dennis S. WAGNER, Petitioner, v. Charles H. FOSTER et al., Respondents.

Supreme Court of Texas.

December 14, 1960.

Attorney(s) appearing for the Case

Edwards, Belk, Hunter & Kerr, El Paso, for petitioner.

Mayfield, Broaddus, Goodman & MacAyeal, El Paso, for respondent.


The opinion of the Court of Civil Appeals is reported in 337 S.W.2d 485.

The judgment of the Court of Civil Appeals is reversed and the case is remanded to that court for further proceedings. This action is taken pursuant to that part of Rule 483, Texas Rules of Civil Procedure, which reads as follows: "In cases where the decision of the Court of Civil Appeals is in conflict with a previous opinion of the Supreme...

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