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BAEZ v. S. S. KRESGE COMPANY

No. 74-3807 Summary Calendar.

518 F.2d 349 (1975)

Teresa BAEZ, Individually and as next friend of Francisco Baez, Jr., Plaintiff-Appellee, v. S. S. KRESGE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 6, 1975.

Attorney(s) appearing for the Case

William C. Dudley, Robert A. Skipworth, El Paso, Tex., for defendant-appellant.

Ramon Ramos, Jr., El Paso, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Baez, a Texas citizen, sued S. S. Kresge Co., a Michigan Corporation, in the Western District of Texas, alleging various tortiously caused injuries. Kresge's registered agent was served and mailed the papers to Kresge's Michigan home office. The home office, in turn, mailed the papers back to Texas so local counsel could conduct the litigation. It was one mailing too many, as the papers were lost until it was too late to prevent entry of a default judgment...

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