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HALIBURTON v. RILEY

No. 6117.

589 S.W.2d 821 (1979)

Joe Charles HALIBURTON, Appellant, v. Woodrow Wilson RILEY, Appellee.

Court of Civil Appeals of Texas, Waco.

October 25, 1979.

Attorney(s) appearing for the Case

Walter S. Smith, Jr., Haley, Fulbright, Winniford, Bice & Davis, Waco, for appellant.

Charles A. Youts, McClintock, Herring & Youts, Waco, for appellee.

HALL, Justice.

This is a suit for damages to an automobile sustained in its collision with another motor vehicle. This is the second suit stemming from the accident. The first suit, filed by appellee Riley against appellant Haliburton, ended in a voluntary dismissal "with prejudice" by Riley. Thereafter, Haliburton filed the present suit against Riley. It was abated on Riley's motion. Haliburton brought this appeal. We reverse.

The record establishes that...

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