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SMITH v. BABCOCK & WILCOX CONST. CO.

No. 94-0762.

913 S.W.2d 467 (1995)

James SMITH and Wife, Shirley Anne Smith, and Lumbermen's Mutual Casualty Company, Petitioners, v. BABCOCK & WILCOX CONSTRUCTION COMPANY, INC. and The City of Austin, Respondents.

Supreme Court of Texas.

Rehearing Overruled February 9, 1996.

Attorney(s) appearing for the Case

Charles T. Frazier, Jr., Dallas, Charles B. Lord, Austin, for Petitioners.

David S. Lill, Austin, Iris J. Jones, Austin, James N. Rader, Austin, for Respondents.

PER CURIAM.

We decide in this case whether the trial court abused its discretion in refusing to reinstate a case dismissed for want of prosecution when plaintiffs' attorney failed to appear for trial. The court of appeals affirmed the dismissal. 915 S.W.2d 22. We reverse.

James Smith was injured on a construction jobsite while employed by a subcontractor and received compensation benefits from Lumbermen's Mutual Casualty...

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