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REPUBLIC NAT. BANK OF DALLAS v. ROGERS

No. 5973.

575 S.W.2d 643 (1978)

REPUBLIC NATIONAL BANK OF DALLAS, Appellant, v. H. Lang ROGERS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 18, 1979.

Attorney(s) appearing for the Case

James L. Drought and Calhoun Bobbitt, Brite, Drought, Bobbitt & Halter, San Antonio, for appellant.

Eugene D. Stewart, Petry & Petry, Carrizo Springs, for appellee.

HALL, Justice.

This is a trespass to try title action in which defendant's plea of the three year statute of limitation was sustained, and summary judgment was rendered that plaintiff take nothing. The single question on this appeal is whether the limitation period relied upon by defendant was tolled by a suit filed by plaintiff against defendant in Federal Court, and dismissed by the Federal Court for want of jurisdiction...

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