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OFFICE EMP. INT. U., LOC. 277 v. SOUTHWESTERN DRUG CORP.

No. A-10341.

391 S.W.2d 404 (1965)

OFFICE EMPLOYEES INTERNATIONAL UNION LOCAL 277, AFL-CIO et al., Petitioners, v. SOUTHWESTERN DRUG CORPORATION et al., Respondents.

Supreme Court of Texas.

June 2, 1965.

Attorney(s) appearing for the Case

Sam Houston Clinton, Jr., Austin, for petitioners.

Baker, Botts, Shepherd & Coates, James M. Neel and V. R. Burch, Jr., Houston, for respondents.

SMITH, Justice.

On September 12, 1963, Office Employees Union Local 277, AFL-CIO, and J. B. Moss, pursuant to Rule 187, Texas Rules of Civil Procedure, filed a verified petition to take the depositions of Walter N. Kuntz and Charles E. Major, in order to perpetuate their testimony to be used in a suit which Union and Moss alleged they anticipated filing. The petition alleged that the nature of their anticipated action was one for damages in excess of one thousand...

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