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WHEAT v. MONTGOMERY

No. 6681.

560 S.W.2d 767 (1977)

James J. WHEAT, Appellant, v. Thelma Louise MONTGOMERY et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

December 28, 1977.

Attorney(s) appearing for the Case

Finley & Scogin, Robert Scogin, Kermit, Shafer, Gilliland, Davis, Bunton & McCollum, Inc., Elton Gilliland, Gary C. Riley, Odessa, for appellant.

Calvin W. Wesch, Kermit, G. Bert Smith, Jr., Andrews, for appellees.

OPINION

PRESLAR, Chief Justice.

This is a venue matter involving principally a procedural question where the Plaintiffs filed an amended petition but did not file an amended controverting affidavit. The trial Court overruled the Defendant's plea of privilege. We affirm.

This is a suit for the wrongful death of Donald Montgomery brought by the widow, Thelma Louise Montgomery, and the minor son, James Robert Montgomery. Appellees, as Plaintiffs, filed...

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