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JOHNSON v. AVERY

No. 11371.

400 S.W.2d 825 (1966)

W. Dave JOHNSON, Appellant, v. C. N. AVERY, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 30, 1966.

Attorney(s) appearing for the Case

Long, Aronson & Coleman, Tom Long, Moore & Johnson, Gerald G. Moore, Austin, for appellant.

McKay & Avery, John J. McKay, Charlie D. Dye, Austin, for appellees.

PHILLIPS, Justice.

This suit arises out of a conflict of jurisdiction between two district courts in a controversy involving the same subject matter.

Appellant, W. Dave Johnson, filed suit in the 53rd Judicial Court of Travis County, Texas, against one of the appellees, C. N. Avery, Jr., who had previously filed a suit concerning the identical subject matter against the appellant in the 126th Judicial District Court of Travis County, Texas.

Appellee...

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