FANNING, Justice.
The opinion of October 20, 1970, in this cause is withdrawn and the following opinion is rendered in lieu thereof.
Appellee has filed a motion to dismiss appellant's appeal because the transcript was not timely filed.
The record shows that appellant's amended motion for new trial was overruled by the trial court on July 1, 1970. There is a notation on the order that it was filed on July 6, 1970.
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