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BERMAN v. KIRK

No. 5001.

543 S.W.2d 27 (1976)

Sydell BERMAN, Individually, et al., Relators, v. The Honorable Weldon KIRK et al., Respondents.

Court of Civil Appeals of Texas, Eastland.

November 9, 1976.

Attorney(s) appearing for the Case

Johnny M. Moore, Mays, Moore, Dickson & Roberts, Inc., Sweetwater, Harold B. Berman, Berman, Fichtner & Mitchell, Dallas, for relators.

Stanley P. Wilson, McMahon, Smart, Wilson, Surovik & Suttle, Abilene, for respondents.

McCLOUD, Chief Justice.

Relators, Sydell Berman, Individually, and Sydell Berman and First National Bank in Dallas, as Independent Executors for the Estate of Max Berman, Deceased, and Perry Brothers, Inc., seek in this original proceeding writs of mandamus and prohibition to compel the Honorable Weldon Kirk, Judge of the 32nd Judicial District Court of Nolan County, Respondent, to set aside an order entered by Judge Kirk overruling Relators' motion to abate an action...

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