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SMITH v. MATTHEWS TRUCKING CO., INC.

No. 09 82 125 CV.

665 S.W.2d 836 (1984)

Norris E. SMITH, Appellant, v. MATTHEWS TRUCKING COMPANY, INC., dba Louisiana-Matthews Trucking Company, Inc. and Gerald W. Foster; and Matthews-Lufkin, Inc., d/b/a Matthews Trucking Company and Mathews-Lufkin, Inc., d/b/a Mathews Trucking Company, Appellees.

Court of Appeals of Texas, Beaumont.

Rehearing Denied February 23, 1984.

Attorney(s) appearing for the Case

Thomas R. Needham, Dallas, for appellant.

John O. Kain, Houston, for appellees.

Before the court en banc.

OPINION

PER CURIAM.

Norris E. Smith appeals from a summary judgment rendered against him in his suit for damages. The adverse summary judgment was based upon the 2 years statute of limitations. TEX.REV.CIV.STAT.ANN. Art. 5526 (Vernon 1958).

The Appellant's original petition was filed February 15, 1980, in the District Court of Morris County. In his original petition Smith alleges that a vehicular crash occurred on February 17, 1978, in the named...

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