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COKER v. MITCHELL

No. B-5784.

535 S.W.2d 175 (1976)

Clyde COKER, Petitioner, v. Ray MITCHELL and Max Atkins, Respondents.

Supreme Court of Texas.

March 31, 1976.

Attorney(s) appearing for the Case

Robert G. Carter, Marlin, for petitioner.

John M. Hand, Marlin, Robert A. Canonico, Waco, for respondents.

PER CURIAM.

The Court of Civil Appeals (531 S.W.2d 204) has properly followed the rule of Smith v. Columbian Carbon Co., 145 Tex. 478, 198 S.W.2d 727 (1947), and allowed a non-suit sought in the trial court by the plaintiffs prior to announcement by the judge in open court that defendant's motion for instructed verdict would be granted. Under the rule in effect when this case was...

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