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BOOTHE v. SCHULTZ

No. 7302.

371 S.W.2d 88 (1963)

J. O. BOOTHE, Appellant, v. Harry H. SCHULTZ et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 10, 1963.

Attorney(s) appearing for the Case

Splawn & Maner, Lubbock, for petitioner.

Culton, Morgan, Britain & White, Amarillo, Cowsert & Bybee, Hereford, for respondents.

NORTHCUTT, Justice.

Delmar Durrett filed suit in the District Court of Deaf Smith County, Texas, against J. O. Boothe, G. W. Simmons, E. A. Edwards, and J. G. Evans on a promissory note styled Delmar Durrett v. G. W. Simmons, et al., No. 4249 on the docket of the District Court of Deaf Smith County, Texas, and J. O. Boothe filed a cross action in said case against the said Delmar Durrett, G. W. Simmons, E. A. Edwards, and J. G.

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