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TEXAS CEMETERIES, INC. v. WILLIAMS

No. 4933.

459 S.W.2d 876 (1970)

TEXAS CEMETERIES, INC., Appellant, v. Jeryl Floyd WILLIAMS et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

October 15, 1970.

Attorney(s) appearing for the Case

Weitinger, Bradshaw & Foster, David Lueders, Houston, for appellant.

Vinson, Elkins, Searls & Connally, Knox D. Nunnally, Charles J. Brink, Houston, for appellees.

OPINION

McDONALD, Chief Justice.

This is a venue case. Plaintiffs Williams and wife sued defendant Texas Cemeteries Inc., in Madison County for damages. Defendant filed plea of privilege to be sued in Harris County on January 24, 1970. Plaintiffs filed controverting plea on February 3, 1970.

The trial court overruled defendant's plea of privilege. Defendant appeals on one point: "The trial court erred in holding that the controverting affidavit was...

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