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BRAZZEL v. MURRAY

No. 654.

472 S.W.2d 814 (1971)

John BRAZZEL, Appellant, v. Sid MURRAY et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 11, 1971.

Attorney(s) appearing for the Case

William E. Wright, Houston, for appellant.

Wood, Burney, Nesbitt & Ryan, Allen Wood, Corpus Christi, for appellees.

OPINION

NYE, Chief Justice.

The question on this appeal is the propriety of the trial court's dismissal of appellant's cause of action predicated upon the authority and requirements of Rule 445, Texas Rules of Civil Procedure. This Rule provides:

"In cases which have been reversed and remanded by a Court of Civil Appeals, if no mandate shall have been taken out and filed in the court where the cause originated within one year after the motion...

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