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NEWMAN OIL CO. v. ALKEK

No. 20068.

585 S.W.2d 340 (1979)

NEWMAN OIL COMPANY et al., Appellants, v. Albert B. ALKEK and Foremost Petroleum Corporation, Appellees.

Court of Civil Appeals of Texas, Dallas.

July 13, 1979.

Attorney(s) appearing for the Case

John Feather, Johnston & Feather, Dallas, for appellants.

Thomas R. McDade, Fulbright & Jaworski, Houston, for appellees.

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

GUITTARD, Chief Justice.

Appellants, plaintiffs in the trial court, have appealed from an order sustaining a plea of privilege. They now move to reverse and remand on the ground that after they perfected the appeal, appellees waived their plea of privilege by serving a notice to take a series of depositions. We overrule the motion on the ground that Rule 88, Tex.R.Civ.P., expressly provides: "Issuing process for witnesses and taking depositions shall not constitute...

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