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WALTER E. HELLER & COMPANY v. BARNES

No. 5783.

412 S.W.2d 747 (1967)

WALTER E. HELLER & COMPANY, Appellant-Appellee, v. James C. BARNES, Sr., et al., Appellees-Appellants.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 22, 1967.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Miller & Martin, Royal H. Brin, Jr., Dallas, for appellant and appellee.

Stubbeman, McRae, Sealy & Laughlin, W. B. Browder, Jr., and Milton L. Bankston, Midland, for Barnes and others.

Allan Poage, El Paso, Wm. J. Rochelle, Jr., and John L. King, Dallas, for intervenor.

G. H. Nelson, Lubbock, for McSpadden.

Walker F. Means, Pecos, for appellees and appellants.

OPINION

CLAYTON, Justice.

This may be characterized as a "Billie Sol Estes" case. The facts in brief essence are these:

Estes would arrange with a manufacturer of anhydrous ammonia tanks and related equipment, such as, in this case, Superior Manufacturing Company, hereafter referred to as "Superior", to sell it certain tanks which he claimed he then owned, and further, that he would secure "purchasers" who would buy tanks from the manufacturer. Estes...

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