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BEAVERS v. DARLING

No. 5232.

491 S.W.2d 711 (1973)

Don BEAVERS, Appellant, v. Linda Elaine Nutt DARLING, Appellee.

Court of Civil Appeals of Texas, Waco.

February 8, 1973.

Attorney(s) appearing for the Case

Ted Musick, Houston, for appellant.

Brackeen, Pennington & Stallones, Troy Stallones and Warren Y. Pennington, Houston, for appellee.

OPINION

JAMES, Justice.

This is a summary judgment case. The trial court granted a summary judgment in favor of Defendant-Appellee Linda Elaine Nutt Darling, that Plaintiff-Appellant Don Beavers take nothing, from which Plaintiff-Appellant Beavers appeals.

The sole question presented is whether or not Plaintiff-Appellant Beavers failed as a matter of law to exercise due diligence in securing service of citation upon

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