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LAW OFF. OF YARBOROUGH & POPE, INC. v. NAT. AUTO. & CASUALTY INS. CO.

No. 17897.

548 S.W.2d 462 (1977)

LAW OFFICES OF YARBOROUGH & POPE, INC., et al., v. NATIONAL AUTOMOBILE & CASUALTY INSURANCE COMPANY et al.,

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 25, 1977.

Attorney(s) appearing for the Case

Yarborough & Pope, Inc., and Charles D. Yarborough, Bedford, for appellants.

McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, and Sam J. Day, Fort Worth, for appellee Insurance Company.

Parker & Candler, Bedford, for appellee Carter.

OPINION

MASSEY, Chief Justice.

Involved is applicability, upon the dismissal of a case by the trial court, of provisions of law, as follows:

T.R.C.P. 93(n)(3) ("Certain Pleas to be Verified") provides:

"In the trial of any case appealed to the court from the Industrial Accident Board the following, if pleaded, shall be presumed to be true as pleaded and have been done and filed in legal time and manner, unless denied by verified pleadings...

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