NIEMANN v. THOMAS

No. 4456.

400 S.W.2d 342 (1966)

H. Volmer NIEMANN, Appellant, v. W. B. THOMAS et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

February 22, 1966.


Attorney(s) appearing for the Case

Bobbitt & Kraft, Ira P. & Elliott W. Jones, Houston, for appellant.

Fred W. Moore, Thomas O. McWhorter, Houston, for appellees.


WILSON, Justice.

Cross-plaintiff appeals from an order dismissing his cross-action which alleged damages for libel in cross-defendants' suit seeking damages for breach of contract. We dismiss the appeal.

The cross-action asserted that appellees' petition in this suit contained allegations of a libelous nature which were immaterial, irrelevant and foreign to the cause of action pleaded against appellant. The dismissal of the cross-action resulted from the sustaining...

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