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STALEY v. WESTERN STEEL WIRE & PIPE COMPANY

No. 16035.

355 S.W.2d 565 (1962)

S. S. STALEY d/b/a Ajax Steel Products Company, Appellant, v. WESTERN STEEL WIRE & PIPE COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 9, 1962.

Attorney(s) appearing for the Case

Jay S. Fichtner, Dallas, for appellant.

Geary, Hamilton, Brice & Lewis, and William C. Koons, Dallas, and Tom M. Seay, Amarillo, for appellee.

YOUNG, Justice.

The appeal is from an order sustaining the plea of privilege of appellee (defendant).

The suit filed in District Court of Dallas County on April 5, 1961 was on a sworn account. On April 13, defendant corporation of Potter County filed its plea of privilege to be sued in the County of its residence; at the same time filing an answer containing the following: "Without waiving the foregoing plea but still insisting on same and subject thereto...

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