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WARNER v. IRVING LUMBER CO.

No. 19833.

584 S.W.2d 893 (1979)

Michael WARNER, Appellant, v. IRVING LUMBER COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied August 6, 1979.

Attorney(s) appearing for the Case

Bertran T. Bader, III, Bader & Cox, Dallas, for appellant.

Denise A. Bretting, Coke & Coke, Dallas, for appellee.

Before GUITTARD, C. J., and STOREY and HUMPHREYS, JJ.

STOREY, Justice.

This appeal by Michael Warner, who was plaintiff and cross-defendant in the trial court, presents two questions for review: First, whether plaintiff waived service of citation on defendant's counterclaim, or by invoking the trial court's jurisdiction, entered an appearance; and second, whether defendant's proof of damages is sufficient to support the judgment on the counterclaim. We conclude that there...

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