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PAPANIA v. STELLY

No. 09-94-277 CV.

939 S.W.2d 653 (1997)

Michael PAPANIA, Appellant, v. Ermon STELLY, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 6, 1997.

Rehearing Overruled March 20, 1997.

Attorney(s) appearing for the Case

Thomas P. Roebuck, Jr., Bush, Lewis & Roebuck, Beaumont, for appellant.

Michael J. Truncale, Orgain, Bell & Tucker, Beaumont, for appellee.

Before BURGESS, STOVER and HILL, JJ.

OPINION ON REMAND

HILL, Justice (Assigned).

Michael Papania appeals from a summary judgment that he take nothing against Ermon Stelly, the appellee. He contends in three points of error that the trial court erred in: (1) allowing Stelly to withdraw and amend his answers to Papania's Request for Admissions in violation of Tex.R. Civ. P. 169(2); (2) granting Stelly's Motion for Summary Judgment because fact issues exist regarding the ownership and control...

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