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KIRBY v. SPITZENBERGER

No. 4715.

514 S.W.2d 95 (1974)

David M. KIRBY, Appellant, v. A. H. SPITZENBERGER, Jr., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 4, 1974.

Attorney(s) appearing for the Case

John D. Griggs, Griggs & Archer, Dallas, for appellant.

J. W. Kincaid, Jr., Kincaid & Standefer, Grand Prairie, for appellee.

WALTER, Justice.

David M. Kirby filed suit against A. H. Spitzenberger, Jr. for damages growing out of an automobile collision. The plaintiff filed a request for admissions under Rule 169, Texas Rules of Civil Procedure, containing 45 requests. The case was set for trial and after a jury had been impaneled, the court granted the defendant's motion for a continuance so that he could amend and verify his reply to the request for admissions.

When the case came...

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