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HOUSTON CONTRACTING CO. v. TEXAS & PACIFIC RY. CO.

No. 6549.

361 S.W.2d 251 (1962)

HOUSTON CONTRACTING COMPANY, Appellant, v. The TEXAS AND PACIFIC RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

September 6, 1962.

Attorney(s) appearing for the Case

Bryan & Patton, Houston, for appellant.

McGregor, Sewell & Junell, Houston, for appellee.

STEPHENSON, Justice.

This is an appeal from an order of the trial court sustaining a plea of privilege. The plaintiff relied upon Subdivision 23 of Article 1995 of the R.C.S. to maintain venue in Harris County. A portion of this subdivision reads as follows:

"Suits against a railroad corporation, or against any assignee, trustee or receiver operating its railway, may also be brought in any county through or into which the railroad of such corporation extends...

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