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GABEL v. BLACKBURN OPERATING CORPORATION

No. 7718.

415 S.W.2d 726 (1967)

Robert T. GABEL, Appellant, v. BLACKBURN OPERATING CORPORATION, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 5, 1967.

Attorney(s) appearing for the Case

John W. Warner, Pampa, for appellant.

Kolander & Templeton, Amarillo, J. M. Kolander, Amarillo, of counsel, for appellee.

DENTON, Chief Justice.

This is a venue case. Blackburn Operating Corporation filed suit against Lois Ann Gabel and Robert T. Gabel on a sworn account for merchandise sold and delivered to the defendants. No answer was filed by Mrs. Gabel. Mr. Gabel filed a plea of privilege and a sworn denial. Plaintiff controverted Gabel's plea of privilege and relied upon Subdivision 4 of Article 1995, Vernon's Ann.Civ.St. The trial court overruled the plea of privilege and Robert...

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