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CASTLEBERRY v. ACCO FEEDS, ETC.

No. 4796.

525 S.W.2d 282 (1975)

Clyde CASTLEBERRY, Appellant, v. ACCO FEEDS, DIVISION OF ANDERSON, CLAYTON & CO., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 18, 1975.

Attorney(s) appearing for the Case

Michael M. Martin, Lynch, Nored, Martin & Millican, Lampasas, for appellant.

Bill Tippen, Bradbury, Tippen & Cross, Abilene, for appellee.

WALTER, Justice.

This is a venue case. Acco Feeds, Division of Anderson, Clayton & Co., filed suit against Clyde Castleberry on an open account in Taylor County, Texas, where its office is located. Castleberry filed a plea of privilege to be sued in Burnet County, the county of his residence and the county in which he signed the delivery tickets on his purchases of feed from Acco. In its controverting plea, plaintiff alleges that in all the signed delivery tickets...

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