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JONES v. McSPEDDEN

No. 19336.

560 S.W.2d 177 (1977)

O. K. JONES and Ted Hunt, Jr., Appellants, v. R. L. McSPEDDEN, Paul Hamby and Charles C. Shaver, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 5, 1978.

Attorney(s) appearing for the Case

David C. Lair, Dallas, for appellants.

B. J. Stephens, Stephens & Stephens, Dallas, for appellees.

GUITTARD, Chief Justice.

This appeal raises questions concerning waiver of defects in a motion for summary judgment and the affidavit supporting it and concerning the sufficiency of an opposing affidavit. The litigation began as a suit on a promissory note against a corporation and five of its stockholders as guarantors. Three of the guarantors, R. L. McSpedden, Paul Hamby and Charles C. Shaver, filed a cross-claim against...

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