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ELI LILLY AND COMPANY v. BALLARD

No. 4356.

458 S.W.2d 551 (1970)

ELI LILLY AND COMPANY, Appellant, v. W. P. BALLARD et al., Appellee.

Court of Civil Appeals of Texas, Eastland.

July 17, 1970.

Attorney(s) appearing for the Case

Barney Oden, Jr., Oden & Hardie, El Paso, McMahon, Smart, Sprain, Wilson & Camp, Abilene, for appellant.

George Leonard, Jr., Wagstaff, Alvis, Alvis, Cochran & Leonard, Abilene, for appellee.

GRISSOM, Chief Justice.

W. P. and J. F. Ballard sued Eli Lilly and Company in Haskell County for damages which they alleged they suffered as a result of the use of the defendant's weed killer, known as Treflan. The defendant's plea of privilege to be sued in the county of its residence was overruled and it appealed. The evidence failed to connect the defendant with the manufacture or sale of Treflan, therefore, the plaintiff failed to make proof of the venue facts...

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