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WAL-MART STORES, INC. v. DEGGS

No. 96-1137.

968 S.W.2d 354 (1998)

WAL-MART STORES, INC., d/b/a Sam's Wholesale Club and Allen Smith, Petitioners, v. Carmen DEGGS, Respondent.

Supreme Court of Texas.

Rehearing Overruled July 3, 1998.

Attorney(s) appearing for the Case

Kevin D. Jewell, J. Preston Wrotenbery, Houston, for Petitioners.

Paul F. Ferguson, Jr., Beaumont, Otto D. Hewitt, III, Alvin, for Respondent.

OPINION

PER CURIAM.

When a party does not return answers to a request for admissions within thirty days, the matters in the request are deemed admitted against that party. Tex.R. Civ. P. 169. Here, the trial court directed a verdict against defendants Wal-Mart and Allen Smith based on Smith's deemed admissions. The court of appeals affirmed the judgment against Wal-Mart but reversed and remanded the judgment against Smith because the deemed admissions were...

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