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WALLGREN v. MARTIN

No. 05-85-00878-CV.

700 S.W.2d 28 (1985)

James WALLGREN, Relator, v. The Honorable Harlan A. MARTIN, Judge, 192nd Judicial District Court, Respondent.

Court of Appeals of Texas, Dallas.

November 8, 1985.

Attorney(s) appearing for the Case

Darrell Panethiere, of Windle Turley, Dallas, for relator.

Broadus A. Spivey, Austin, for amicus curiae.

E. Thomas Bishop, P. Michael Jung, Strasburger & Price, Dallas, Robert Summers, Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, for respondent.

Before GUITTARD, C.J., and ALLEN and DEVANY, JJ.

GUITTARD, Chief Justice.

Relator James Wallgren seeks a writ of mandamus ordering respondent, The Honorable Harlan A. Martin, Judge of the 192nd Judicial District Court, to rescind the order of August 5, 1985, which sustained the contest to Wallgren's affidavit of inability to give security for trial costs and to enter an order denying the contest and allowing Wallgren to proceed in forma pauperis. We hold that respondent was within his discretion in sustaining the...

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