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HENSON v. CITIZENS BANK OF IRVING

No. 4989.

549 S.W.2d 446 (1977)

Herman Leon HENSON, Individually and d/b/a Henson's Used Cars, Appellant, v. CITIZENS BANK OF IRVING, Texas, Appellee.

Court of Civil Appeals of Texas, Eastland.

March 31, 1977.

Attorney(s) appearing for the Case

Harry J. Joe, Dallas, for appellant.

Richard S. Geiger, Thompson, Coe, Cousins & Irons, Jim E. Cowles, Touchstone, Bernays & Johnston, Dallas, for appellee.

McCLOUD, Chief Justice.

This is a case of first impression in Texas. The issue is whether the trial court abused its discretion in dismissing, without prejudice, plaintiff's suit after plaintiff refused to answer certain questions propounded to him during oral deposition on the ground the answers might tend to incriminate him and thus violated his Fifth Amendment rights granted under the Constitution of the United States...

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