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LEE v. THOMAS

No. 5534.

534 S.W.2d 422 (1976)

James E. LEE, Appellant, v. James E. THOMAS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 31, 1976.

Attorney(s) appearing for the Case

Everett & Law, Jim Law, Dallas, for appellant.

Blassingame, Osburn & Dominguez, Robert H. Osburn, Dallas, for appellee.

OPINION

McDONALD, Chief Justice.

Proceeding on bill of review for relief from default judgment. Appellant Lee appeals from judgment of the trial court granting a bill of review in Cause 73-5320-L; setting such default judgment aside; granting appellee Thomas a new trial; and rendering judgment in such case that appellant Lee take nothing against appellee Thomas.

On June 13, 1973 Thomas shot Lee with a pistol. Shortly thereafter Thomas was arrested...

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