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OVERMYER v. ELIOT REALTY., INC.

No. 8584.

571 S.W.2d 381 (1978)

D. H. OVERMYER, Appellant, v. ELIOT REALTY, INC., Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied September 26, 1978.

Attorney(s) appearing for the Case

Mark Alan Calhoun, Dallas, for appellant.

Otto B. Mullinax, Mullinax, Wells, Mauzy & Baab, Inc., Dallas, for appellee.

ODEN, Justice.

On April 2, 1976, D. H. Obermyer filed a bill of review to set aside a money judgment entered against him and in favor of Eliot Realty, Inc. on March 15, 1974. Eliot Realty, Inc. answered, and, in the same proceedings, filed a bill of discovery under Rule 737 of the Texas Rules of Civil Procedure.1 The citation issued by the court on the filing of the bill of discovery was directed...

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