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YOUNGSTOWN SHEET AND TUBE COMPANY v. PENN

No. 10916.

355 S.W.2d 239 (1962)

The YOUNGSTOWN SHEET AND TUBE COMPANY, Appellant, v. Henry W. PENN et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 21, 1962.

Attorney(s) appearing for the Case

L. L. James, Tyler, for appellant.

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

HUGHES, Justice.

Our former opinion dismissing this appeal is withdrawn. We will determine its merits.

The appeal is from a summary judgment in favor of appellees, Henry W. Penn, J. K. Stark and J. P. Hale.

Appellant, The Youngstown Sheet and Tube Company, sued Texita Oil Company, alleging it to be a partnership composed of appellees and Gordon W. Johnson, I. A. McNab and Morris Cannan.1

The nature of the suit was...

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