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SWINNEY v. TENTH DIST. COURT OF APPEALS

No. C-7388.

749 S.W.2d 50 (1988)

John O. SWINNEY, Jr., Relator, v. The TENTH DISTRICT COURT OF APPEALS, Respondent.

Supreme Court of Texas.

May 11, 1988.

Attorney(s) appearing for the Case

Bertran T. Bader, III, Cox & Bader, Dallas, for relator.

Michael A. Hummert, Bracken & Hummert, Cowan and Tunks, Dallas, for respondent.

ORIGINAL MANDAMUS PROCEEDING

ORDER

Relator's petition for writ of mandamus was submitted to the Supreme Court of Texas on the eleventh day of May, 1988, and it is the opinion of the court, through a majority of its members, that relator is entitled to relief.

The order of the Tenth District Court of Appeals denying relator's Motion to Increase Supersedeas is in conflict with Texas Rules of Appellate Procedure 47(b) and 49(a). Therefore, without...

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