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BENTON v. DOW CHEMICAL COMPANY

No. 3674.

351 S.W.2d 899 (1961)

F. Fox BENTON et al., Appellants, v. DOW CHEMICAL COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 8, 1961.

Attorney(s) appearing for the Case

Burris, Benton & Zwiener, Houston, for appellants.

Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, for appellee.

WALTER, Justice.

Roy W. Champion filed suit against Dow Chemical Company for damages. The law firm of Burris, Benton & Zwiener represented Champion. Dow Chemical Company complied with the rules to secure Champion's deposition. Champion failed and refused to appear for his deposition. Dow filed a motion to dismiss the plaintiff's case under Texas Rules of Civil Procedure, rule 215a because he failed to appear. Champion's attorneys filed their petition of intervention...

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