OPINION
McDONALD, Chief Justice.
This is an appeal by appellant Smith from summary judgment that he take nothing in his third party action against appellee Lone Star.
On October 30, 1970 Aleida Quintana filed suit against appellant Smith for damages arising out of an automobile collision between Quintana and Smith, occurring November 1, 1968.
On January 7, 1971 Quintana obtained service on appellant.
On January 21, 1971 appellant...
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