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TEMCO FEED MILLS, INC. v. BECKNER

No. 4087.

366 S.W.2d 255 (1963)

TEMCO FEED MILLS, INC., Appellant, v. John BECKNER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 28, 1963.

Attorney(s) appearing for the Case

J. W. Thomas, Jr., Temple, for appellant.

John W. Fulbright, Waco, for appellee.

TIREY, Justice.

This is an appeal from a summary judgment in favor of defendant. Plaintiff filed its original petition on August 8, 1960. Defendant filed its sworn answer in October, 1960, and thereafter, in October 1962, filed its verified motion for summary judgment. Plaintiff made no reply to this motion. In the decree we find this recital:

"* * * and it appearing to the Court that such motion has been made in proper form and time, that proper service...

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