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LIVINGSTON v. ATLAS PIPE & EQUIPMENT CO.

No. 6559.

543 S.W.2d 420 (1976)

F. L. LIVINGSTON, Appellant, v. ATLAS PIPE & EQUIPMENT COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

October 27, 1976.

Attorney(s) appearing for the Case

Jennings, Montgomery, Dies & Turner, Frank L. Jennings, Graham, for appellant.

Turpin, Smith & Dyer, Thomas L. Lowry, Robert R. Truitt, Jr., Midland, for appellee.

OPINION

WARD, Justice.

This is a venue case. Atlas Pipe & Equipment Company sued F. L. Livingston on an open account. The plea of privilege asked transfer to Archer County. The controverting affidavit sought to retain venue in Midland County under Subdivisions 5, 9, and 12 of Article 1995, Tex.Rev.Civ.Stat. Ann. The trial Court overruled the plea. The judgment below is reversed and the case is transferred to the District Court of Archer County.

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