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K. S. WENDLER CONST. CO. v. AUSTIN MECHANICAL CON. CO.

No. 11437.

407 S.W.2d 852 (1966)

K. S. WENDLER CONSTRUCTION CO., Inc., et al., Appellants, v. AUSTIN MECHANICAL CONTRACTING COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

October 26, 1966.

Attorney(s) appearing for the Case

Morgan Nesbitt, Austin, for appellants.

William B. Hilgers, by William C. Fielder, Austin, for appellee.

PHILLIPS, Justice.

This is an appeal from an order of the trial court overruling a plea of privilege.

The appellee, Austin Mechanical Contracting Company, filed suit in the district court against K. S. Wendler Construction Company and the Fidelity and Deposit Company of Maryland.

Appellee had alleged as its cause of action against Wendler that it had furnished labor and materials to Wendler on a construction project in Mercedes, Texas, and that upon...

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