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BROWN v. POFF

No. A-10693.

392 S.W.2d 113 (1965)

W. A. BROWN, Doing Business as Brown Trucking Company, Petitioner, v. Joe F. POFF, Respondent.

Supreme Court of Texas.

Rehearing Denied July 14, 1965.

Attorney(s) appearing for the Case

H. O. Metcalfe, Marfa, Brown, Day & Crowley, Fort Worth, for petitioner.

Warren Burnett, Odessa, John Howze, Monahans, for respondent.

PER CURIAM.

The application for writ of error does not disclose a properly presented error which would justify the reversal of the judgment of the Court of Civil Appeals. Accordingly we deny the application with the notation, "Refused, no reversible error." This action should not be taken as an approval of the Court of Civil Appeals holding (387 S.W.2d 101) that, when raised by the evidence, the issue of whether or not a plaintiff...

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