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ROBERTSON v. BLACKWELL ZINC COMPANY INC.

No. A-10536.

390 S.W.2d 472 (1965)

French M. ROBERTSON, Petitioner, v. BLACKWELL ZINC COMPANY, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 2, 1965.

Attorney(s) appearing for the Case

King, Willoughby, Vletas & Dickenson, Abilene, Clark, Thomas, Harris, Denius & Winters and James H. Keahey, Austin, for petitioner.

Perkins, Bezoni & Kirwan, Stubbeman, McRae, Sealy & Laughlin, Midland, Paul Petty, Ballinger, Black & Stayton, Austin, Hudson, Keltner, Smith & Cunningham, Fort Worth, Phipps, Smith & Alexander, McLeod, Mills, Shirley & Alexander, Galveston, Dean Moorhead, Austin, for respondents.

PER CURIAM.

The Court of Civil Appeals correctly held that there was a defect in parties defendant and that the judgment rendered by the trial court should be reversed and the cause remanded for new trial. Ambassador Oil Co. v. Robertson, 384 S.W.2d 752. The issue upon which this holding was based was properly presented by application for writ of error to the Court of Civil Appeals filed by parties not expressly named as defendants...

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