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  5. 522 S.W.2d 588 (1975)
 

BIARD OIL CO. v. ST. LOUIS SOUTHWESTERN RAILWAY CO.

No. 814.

522 S.W.2d 588 (1975)

BIARD OIL COMPANY et al., Appellants, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

April 17, 1975.

Attorney(s) appearing for the Case

A. Webb Biard, Paris, for appellants.

John L. Hill, Atty. Gen. of Texas, John T. Richards, II, Asst. Atty. Gen., Austin, for appellee, The State of Texas.

Ramey, Flock, Hutchins, Grainger & Jeffus, Jack W. Flock, Mike A. Hatchell, Tyler, for appellee, St. Louis Southwestern Railway Co.

No brief filed for appellee, The Woodward Co., a division of Mead Corp.

DUNAGAN, Chief Justice.

This suit was brought by St. Louis Southwestern Railway Company against Biard Oil Company, Robert Glynn Sullivan, G. L. Skidmore and Phillips Petroleum Company. In accordance with the verdict of the jury the court rendered judgment against Biard Oil Company and Robert Glynn Sullivan. From this judgment Biard Oil Company and Sullivan appealed. However, only Biard Oil Company has filed a brief.

Defendants, Skidmore and Phillips Petroleum...

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