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FULLER v. WILKIE

No. 3809.

370 S.W.2d 237 (1963)

William A. FULLER, Appellant, v. Jack WILKIE et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 6, 1963.

Attorney(s) appearing for the Case

Carter, Gallagher, Jones & Magee, Dallas, for appellant.

Rosenfield, Berwald & Mittenthal, Dallas, for appellee Jack Wilkie.

William P. Gibson and Wallace G. Malone, Dallas, for appellee Texaco, Inc.

WALTER, Justice.

William A. Fuller filed suit against Jack Wilkie and Texaco, Inc., for breach of contract. The court sustained the defendants' motions for summary judgment and denied the motion of plaintiff for a partial summary judgment. The plaintiff has appealed.

Fuller alleged that he purchased a service station business from Wilkie at 9507 Garland Road in Dallas, and that Wilkie agreed not to re-enter the filling station business within a radius of three...

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