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LPG, INC. v. DEVELOPMENT ASSOCIATES, INC.

No. 6337.

498 S.W.2d 736 (1973)

LPG, INC., Appellant, v. DEVELOPMENT ASSOCIATES, INC., Appellee.

Court of Civil Appeals of Texas, El Paso.

July 18, 1973.

Attorney(s) appearing for the Case

Jack K. Currey, Abilene, Grambling, Mounce, Deffebach, Sims, Hardie & Galatzan, William B. Hardie, El Paso, for appellant.

Diamond, Rash, Leslie & Schwartz, Inc., Alan V. Rash, El Paso, for appellee.

OPINION

WARD, Justice.

This is a venue case where the Appellant's plea of privilege was overruled by the trial Court. The complaint made on the appeal is that though the Plaintiff failed to file its controverting affidavit in due time, it was permitted to file the controverting affidavit upon the presentation of a sworn motion requesting an extension of time for the filing of the affidavit but with no testimony...

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