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FULLER v. MIDDLETON

No. 17106.

453 S.W.2d 372 (1970)

Mrs. E. D. FULLER, as Next Friend of Elsie R. Rucker, Appellant, v. H. L. MIDDLETON, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 8, 1970.

Attorney(s) appearing for the Case

G. Gordon Whitman, Fort Worth, for appellant.

Owens & Fortney, and Richard Owens, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

A take-nothing judgment was rendered upon the defendant's Motion for Summary Judgment in Cause No. 56,240-C, and the plaintiff appealed. Plaintiff was Mrs. E. D. Fuller, as next friend of Elsie R. Rucker. Defendant was H. L. Middleton.

Background of the case included a prior judgment in Cause No. 52,430-C, in the same trial court, rendered July 17, 1968. Plaintiff in that case was Mrs. J. W.

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