ROGERS v. BARBEE

No. 13979.

359 S.W.2d 101 (1962)

S. J. ROGERS et al., Appellants, v. Neal H. BARBEE, Appellee.

Court of Civil Appeals of Texas, Houston.

June 28, 1962.


Attorney(s) appearing for the Case

The Kempers, Houston, W. L. Kemper, Houston, of counsel, for appellant.

Paul P. Regnier, John E. McGillicuddy, Houston, for appellee.


COLEMAN, Justice.

This is an appeal from a judgment overrling a plea of privilege.

On January 23, 1961, Neal H. Barbee filed his original petition naming as defendant Texas State Optical, Inc., in which he sought damages by reason of certain claimed acts of negligence on the part of employees of defendant at "one of defendant's many retail outlets in Harris County, Texas." He also alleged warranty and breach thereof. Citation was issued to "Texas State Optical...

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