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JOHNSON v. AVERY

No. A-11428.

414 S.W.2d 441 (1966)

W. Dave JOHNSON, Petitioner, v. C. N. AVERY, Jr., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 14, 1966.

Attorney(s) appearing for the Case

Long, Aronson & Coleman, Moore & Johnson, Austin, for petitioner.

McKay & Avery, Charlie Dye, Austin, for respondents.

SMITH, Justice.

This appeal presents for determination a question of conflict of jurisdiction between two district courts in Travis County over a controversy involving the same subject matter. The first suit was filed by the respondents in the 126th District Court of Travis County, Texas. Subsequent to the filing of the first suit the second suit involving the same subject matter was filed in the 53rd District Court. Respondents filed a plea in abatement in the second...

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