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RIZK v. MAYAD

No. B-8983.

603 S.W.2d 773 (1980)

Fred RIZK et al., Petitioners, v. Wallace MAYAD, Respondent.

Supreme Court of Texas.

April 23, 1980.

Attorney(s) appearing for the Case

Reynolds, Allen & Cook, L. Chris Butler, Houston, for petitioners.

Lackshin & Nathan, Bernus Wm. Fischman, Gary D. Aguren, Houston, for respondent.

POPE, Justice.

Wallace Mayad filed this bill of review action in the 165th District Court of Harris County against Fred Rizk and three others, hereafter called Rizk. Rizk filed a motion for summary judgment that the court granted. The motion asserted that a prior suit in which there had been a final judgment dismissing Mayad's action for non-prosecution had already adjudicated the controlling issues in the bill of review suit. 554 S.W.2d 835

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