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WEST TEXAS OXYGEN COMPANY v. WES-TEX PIPE COATING, INC.

No. 3838.

373 S.W.2d 284 (1963)

WEST TEXAS OXYGEN COMPANY, Appellant, v. WES-TEX PIPE COATING, INC., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 6, 1963.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, Lubbock, for appellant.

McMahon, Smart, Sprain, Wilson & Camp, Abilene, for appellee.

COLLINGS, Justice.

This is a plea of privilege case. Wes-Tex Pipe Coating, Inc. brought suit in Scurry County against West Texas Oxygen Company for damages to plaintiff's building and its contents. Plaintiff alleged the damages resulted from a fire and that the cause of the fire was negligently bottled acetylene or oxygen. Defendant filed its plea of privilege to be sued in Lubbock County, the place of its residence. Plaintiff filed a controverting affidavit alleging...

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