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BRIARCLIFF, INC. v. TEXAS AUTOMATIC SPRINKLERS, INC.

No. 17682.

472 S.W.2d 860 (1971)

BRIARCLIFF, INC., dba American Realty Development Corporation and American Realty Service Corporation, dba American Realty Development Corporation, Appellants, v. TEXAS AUTOMATIC SPRINKLERS, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

October 29, 1971.

Attorney(s) appearing for the Case

Barry Bishop, Clark, Thomas, Harris, Denius & Winters, Austin, for appellants.

Leslie LeGrand, Jr., Wise & Stuhl, Dallas, for appellee.

CLAUDE WILLIAMS, Chief Justice.

This is an appeal from an order overruling a plea of privilege filed by the three appellants. The sole question presented is whether appellee has met its burden of establishing by a preponderance of the evidence that subdivision 5, Article 1995, Vernon's Annotated Civil Statutes of Texas, is proper to be applied and therefore placing venue of the litigation in Dallas County, Texas. We hold that the exception to the venue statute is...

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