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FLEMING MFG. CO., INC. v. CAPITOL BRICK, INC.

No. 14300.

703 S.W.2d 365 (1986)

FLEMING MANUFACTURING CO., INC., Appellant, v. CAPITOL BRICK, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied January 29, 1986.

Attorney(s) appearing for the Case

John W. Stayton, Jr., McGinnis, Lochridge & Kilgore, Austin, for appellant.

Douglass D. Hearne, Richard L. Crozier, Hearne, Knolle, Lewallen, Livingston & Holcomb, Austin, for appellee.

Before SHANNON, C.J., and GAMMAGE and CARROLL, JJ.

CARROLL, Justice.

Fleming Manufacturing Co., Inc. appeals by writ of error from a default judgment in excess of $260,000. We will set the judgment aside and remand the cause to the district court.

This appeal turns on a narrow question: Does the Texas Long-Arm Statute, Tex. Rev.Civ.Stat.Ann. art. 2031b (1964 & Supp. 1985)1, require personal service on the Secretary of State? We have concluded that it does.

Fleming,...

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