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TAYLOR v. LEWIS

No. 8748.

553 S.W.2d 153 (1977)

Alton R. TAYLOR, Appellant, v. H. C. LEWIS, Individually and as Independent Executor of the Estate of Elaine Lewis, Deceased, Harold Chapman and Ray Chapman, Appellees.

Court of Civil Appeals of Texas, Amarillo.

Second Rehearing Denied June 13, 1977.

Attorney(s) appearing for the Case

Smith & Baker, Inc., Edward R. Smith, Lubbock, for appellant.

Crenshaw, Dupree & Milam, J. Orville Smith and Cecil C. Kuhne, Lubbock, for appellees.

ON MOTION FOR REHEARING

REYNOLDS, Justice.

In affirming the trial court's judgment on original consideration, we held that the record failed to reflect that certain of appellant's points of error were preserved for review. Accompanying appellant's motion for rehearing is appellees' concession of a procedural correctness that, together with our erroneous computation as to the time the judgment became final, causes us to withdraw our 18 April 1977 opinion...

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