EL PASO PIPE AND SUPPLY CO. v. MOUNTAIN STATES LEASING

No. C-246.

617 S.W.2d 189 (1981)

EL PASO PIPE AND SUPPLY COMPANY et al., Petitioners, v. MOUNTAIN STATES LEASING, INC. et al., Respondents.

Supreme Court of Texas.

June 17, 1981.


Attorney(s) appearing for the Case

Lea and Price, Joe Lea, Jr., Austin, for petitioners.

Michael T. Milligan, El Paso, for respondents.


PER CURIAM.

Mountain States Leasing, Inc. sued El Paso Pipe and Supply Company, but the trial court on February 7, 1979, dismissed the action for want of prosecution. The court erroneously dismissed the action with prejudice. Mountain States did not file a motion for new trial, did not perfect an appeal, and filed no bill of review; so the judgment became final. On January 26, 1980, Mountain States filed a new suit which alleged the identical action that had been...

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