CHADICK, Chief Justice.
This is an appeal from an order overruling a plea of res judicata. The appeal is dismissed.
Res judicata is listed in Tex.R. Civ.P. 94 as a defense that must be affirmatively plead. The plea is a defense upon the merits. In 2 McDonald, Tex.Civ.Practice, Sec. 7.43 (1970) it is said that "/R/es judicata, as used in Rule 94, embraces the three
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