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REED v. SMITH

No. 4426.

461 S.W.2d 182 (1970)

J. O. REED et al., Appellants, v. Ann SMITH, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 18, 1970.

Attorney(s) appearing for the Case

Huffaker & Green, Gerald Huffaker, Tahoka, Nunn, Griggs, Beall & Wilks, Sweetwater, for appellants.

McMahon, Smart, Sprain, Wilson & Camp, J. M. Lee and Bob Surovik, Abilene, for appellee.

COLLINGS, Justice.

J. O. Reed and wife, Francis May Reed, brought suit against Ann Smith in the District Court on November 10, 1967 seeking to recover damages alleged to have been sustained in an automobile collision. Texas Employers Insurance Association intervened as plaintiff in the case. On February 3, 1970 Judge Raleigh Brown on his own motion dismissed the case for want of prosecution. No motion for new trial or any other action was taken by plaintiffs until...

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