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CHICAGO, R. I. & P. R. CO. v. SOUTHERN PACIFIC CO.

No. 15640.

458 S.W.2d 234 (1970)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY et al., Appellants, v. SOUTHERN PACIFIC COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 8, 1970.

Attorney(s) appearing for the Case

Brown & Haden, Charles M. Haden, Harry L. Tindall, Houston, for appellants.

Baker, Botts, Shepherd & Coates, Walter E. Workman, Houston, for appellee.

COLEMAN, Justice.

This is an appeal from an order granting a voluntary non-suit. The judgment of the trial court is affirmed.

Appellee's point that the appeal should be dismissed for want of jurisdiction is denied. Appellants' motion to vacate the order of dismissal, filed on January 6, 1970, and the supplemental motion to set aside the order, filed January 8, 1970, were in legal effect a motion for new trial, and...

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