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MASTEN v. MONTGOMERY

No. 8409.

501 S.W.2d 725 (1973)

F. O. MASTEN, Relator, v. The Honorable Robert E. MONTGOMERY, Judge of the 100th Judicial District Court of Collingsworth County, Texas, et al., Respondents.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 19, 1973.

Attorney(s) appearing for the Case

Spillman & Spillman, Bill Spillman, Wellington, for relator.

A. L. Rhodes, Abilene, for respondents.

ELLIS, Chief Justice.

This is a mandamus proceeding in which F. O. Masten, relator, seeks to compel respondent, Honorable Robert E. Montgomery, District Judge of the 100th District Court of Collingsworth County, Texas, to set aside an order of mistrial and enter judgment in Cause No. 4671, styled In re: the Estate of Mrs. F. O. (Lily B.) Masten, Deceased, pending in the 100th District Court of Collingsworth County, Texas. Mandamus refused.

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