TUNKS, Chief Justice.
The appellant, Alois Edwin Kohut, filed suit in the 113th District Court in Harris County, Texas, against Mrs. Baird's Bakeries, Inc., appellee, and George H. Atkinson who is not a party to this appeal, for personal injuries sustained. The two defendants responded to plaintiff's suit by separate instruments filed. Atkinson's response was an answer to the merits of the plaintiff's suit. Mrs. Baird's Bakeries, Inc., hereinafter called "Mrs. Baird...
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