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CUELLAR v. H. E. BUTT GROCERY COMPANY

No. 181.

397 S.W.2d 873 (1965)

Arthur CUELLAR, by next friend, Anthony Cuellar, and Anthony C. Cuellar, Individually, Appellant, v. H. E. BUTT GROCERY COMPANY a/k/a H. E. B. Food Stores, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

December 8, 1965.

Attorney(s) appearing for the Case

Herschel Bernard, San Antonio, for appellant.

W. N. Woolsey, of Lewright, Dyer & Redford, Corpus Christi, for appellee.

PER CURIAM.

This is an appeal from an order granting summary judgment in favor of appellee. Suit was filed in Bexar County, Texas, in December, 1962, by appellant. The defendant-appellee filed its plea of privilege to be sued in Nueces County. No controverting affidavit was filed and the case was transferred to Nueces County. Defendant filed its motion for summary judgment on the 14th day of May, 1964. Certificate of notice was given to the appellant that the motion...

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