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SCHNEIDER v. DELWOOD CENTER, INC.

Nos. 11325, 11344.

394 S.W.2d 671 (1965)

C. T. SCHNEIDER et al., Appellants, v. DELWOOD CENTER, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied October 6, 1965.

Second Rehearing Denied October 27, 1965.

Attorney(s) appearing for the Case

Smartt, Fallon & Cook, Jack F. Cook, Jr., L. Hamilton Lowe, Austin, for appellants.

Rogan B. Giles, Meyers & Shannon, James R. Meyers, Austin, for appellee.

HUGHES, Justice.

These two causes have been consolidated for briefing and other appellate purposes. It is conceded by the parties that both appeals present the same questions as to the merits of the controversy and that a final judgment has been rendered. We will, therefore, not discuss the two appeals separately nor the tortuous procedural trail which culminated in a final judgment.

Delwood Center, Inc., hereinafter called Delwood, was plaintiff below and...

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