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GONZALES v. DIAZ

No. 5921.

424 S.W.2d 314 (1968)

Tomas T. GONZALES, Appellant, v. Cecilia Irene DIAZ, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 7, 1968.

Attorney(s) appearing for the Case

Ronald R. Calhoun, El Paso, for appellant.

Kemp, Smit, White, Duncan & Hammond and William Duncan, El Paso, for appellee.

OPINION

PRESLAR, Justice.

This is an appeal from the failure of the trial court to grant the plaintiff's motion for new trial based on newly discovered evidence. Failure to grant a new trial for such reason is the sole point of error. We affirm.

Appellant, as plaintiff, brought this suit alleging that defendant struck his car from the rear as it was just beginning to move forward after double-parking to allow a companion to disembark. The incident...

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