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YOUNGSTOWN SHEET & TUBE CO. v. PENN

No. A-8984.

363 S.W.2d 230 (1962)

The YOUNGSTOWN SHEET & TUBE CO., Petitioner, v. Henry W. PENN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied January 16, 1963.

Attorney(s) appearing for the Case

L. L. James, Tyler, for petitioner.

Morrison, Dittmar, Dahlgren & Kaine, San Antonio, for respondents.

WALKER, Justice.

This is a summary judgment proceeding. The Youngstown Sheet and Tube Company, petitioner, brought suit against Texita Oil Company on a sworn account and for foreclosure of materialmen's liens on the Mallard "A" and Mallard "B" leases in Atascosa County. Petitioner's claim is for labor and materials which it furnished to Texita. The second amended original petition alleged that Texita was a partnership composed of Gordon W. Johnson, I. A. McNab, Morris...

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