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

No. 14300.

734 S.W.2d 405 (1987)

FLEMING MANUFACTURING CO., INC., Petitioner, v. CAPITOL BRICK, INC., Respondent.

Court of Appeals of Texas, Austin.

Rehearing Denied August 12, 1987.

Attorney(s) appearing for the Case

John W. Stayton, McGinnis, Lochridge & Kilgore, Austin, for petitioner.

Douglass D. Hearne, James A. Vaught, Hearne, Knolle, Lewallen, Livingston & Holcomb, Austin, for respondent.

Before POWERS, GAMMAGE and CARROLL, JJ.

CARROLL, Justice.

Petitioner, Fleming Manufacturing, originally appealed to this Court by writ of error from a default judgment rendered in favor of Capitol Brick. We sustained Fleming's first point of error and set aside the trial court's judgment for want of personal jurisdiction on the grounds that Capitol Brick improperly attempted to obtain service of process on a foreign corporation, by serving an employee of the Secretary of State rather than the Secretary...

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