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HARRIS v. LOGUE

No. 17778.

544 S.W.2d 932 (1976)

Richard A. HARRIS et ux., Appellants, v. Joseph M. LOGUE et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 14, 1977.

Attorney(s) appearing for the Case

Minor, Jester & Davidge, T. Miller Davidge, Jr., Nelson & Lewis, L. A. Nelson, Denton, Tex., for appellants.

Tim Banks, Jack Gray, John L. Sullivan, Denton, Tex., for appellees.

OPINION

MASSEY, Chief Justice.

The appeal is from a judgment which vacated a prior default judgment in a class action suit.

Richard A. Harris and his wife, owners of Lots 1 and 2 in Block 1, Roberts Addition in Denton County, Texas, brought an action, under the provisions of T.R.C.P. 42, "Class Actions," to remove the restrictions theretofore appertaining to the use of their lots against persons by the...

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