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MT. STATES LEASING v. EL PASO PIPE, ETC.

No. 7047.

612 S.W.2d 633 (1981)

MOUNTAIN STATES LEASING, INC., and Neil Bresnahan, Appellants, v. EL PASO PIPE AND SUPPLY COMPANY et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 25, 1981.

Attorney(s) appearing for the Case

Michael T. Milligan, El Paso, for appellants.

Lea & Price, Joe Lea, Jr., Austin, for appellees.

OPINION

OSBORN, Justice.

This case presents the single issue as to whether a collateral attack can be made upon a prior judgment which dismissed a case for want of prosecution "with prejudice." We have concluded that such an attack can be made, and the judgment of the trial Court must be reversed.

In April 1977, Mountain States Leasing, Inc., filed suit against the seven Defendants seeking to recover damages. On February 8, 1979, the Court entered...

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