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TINDALL v. RHODES

No. B-3770.

493 S.W.2d 733 (1973)

J. M. TINDALL, Individually and d/b/a J. M. Tindall Gin, Petitioner, v. Thelma RHODES, Respondent.

Supreme Court of Texas.

Rehearing Denied May 2, 1973.

Attorney(s) appearing for the Case

Smith, Teed, Wade & Waters, David E. Holt, Pampa, for petitioner.

Ochsner & Baughman, Harold W. Ochsner, Amarillo, for respondent.

PER CURIAM.

The original opinion under date of March 21, 1973, is withdrawn and this opinion is substituted therefor.

On January 22, 1971, Thelma Rhodes initiated a suit against J. M. Tindall individually and d/b/a J. M. Tindall Gin, for the wrongful death of her husband, an employee of the gin at the time of his death on January 27, 1969. The defendant was duly served but failed to answer, and, after presentation...

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