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REA EXPRESS v. MISSOURI PACIFIC RAILROAD COMPANY

No. 265.

447 S.W.2d 721 (1969)

REA EXPRESS, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied December 10, 1969.

Attorney(s) appearing for the Case

Harry Tindall, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, for appellant.

Thomas S. Terrell, Sewell, Junell & Riggs, Houston, for appellee.

BARRON, Justice.

This suit is based upon a contract wherein Missouri Pacific Railroad Company sued REA Express for indemnity. Prior to trial on the merits of the case, REA Express' motion to compel arbitration was overruled by the trial court. At the trial of the cause with aid of a jury, the trial court overruled the motion for directed verdict filed by the defendant REA Express and sustained the motion for directed verdict filed by the plaintiff Missouri Pacific...

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