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DARR EQUIPMENT COMPANY v. OWENS

No. 7756.

408 S.W.2d 566 (1966)

DARR EQUIPMENT COMPANY, Appellant, v. Robert N. OWENS, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied November 22, 1966.

Attorney(s) appearing for the Case

Cahill Hitt, Atchley, Russell, Hutchinson & Waldrop, Texarkana, Dalton, Moore, Forde & Joiner, Dallas, for appellant.

Sidney Lee, Texarkana, for appellee.

CHADICK, Chief Justice.

This is a venue case. The trial court decided that Subdivision 4, Art. 1995, Vernon's Ann.Tex.Civ.St., accorded Robert N. Owens, the plaintiff in the underlying breach of contract suit, the prerogative of prosecuting the suit in Cass County, where filed, and where one of the two defendants resided. The orders overruling the plea of privilege of the non-resident defendant, Darr Equipment Company, is affirmed.

The exception to the general...

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