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LEONARD v. ABBOTT

No. A-9126.

366 S.W.2d 925 (1963)

O. P. LEONARD, Trustee, et al., Petitioners, v. G. R. ABBOTT et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 8, 1963.

Attorney(s) appearing for the Case

Leland A. Hodges, Jenkins Garrett and Robert Stahala, Cantey, Hanger, Johnson, Scarborough & Gooch, Howard Barker and John McBryde, Fort Worth, Black & Stayton, Austin, for petitioners.

McKinney & McKinney, Cooper, Moore & Lipscomb, Fisher, McLaughlin & Harrison, Paris, for respondents.

GRIFFIN, Justice.

This is a venue case. Our jurisdiction is based on a conflict of decisions (Art. 1728, Subd. 2, Vernon's Texas Civil Statutes). The case at bar, wherein it holds that plaintiffs may maintain this suit in Lamar County, Texas, conflicts with the case of Linde Air Products v. Page et al., (1939) Tex.Civ.App., 131 S.W.2d 1057, by the Dallas Court of Civil Appeals. Writ of Mandamus denied Page v. Bond, 134 Tex. 90, 132 S.W.2d 579; also Breazeale v. Wyres...

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