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BASTIAN MATERIAL HANDLING v. STELLUTI KERR

No. 11-06-00128-CV.

229 S.W.3d 407 (2007)

BASTIAN MATERIAL HANDLING, L.L.C., Appellant, v. STELLUTI KERR, L.L.C., Appellee.

Court of Appeals of Texas, Eastland.

May 10, 2007.

Attorney(s) appearing for the Case

Jody D. Jenkins, McCleskey, Harriger, Brazill & Graf, L.L.P., Lubbock, for appellant.

Zollie C. Steakley, Steakley, Wetsel & Carmichael, L.L.P., Sweetwater, for appellee.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

RICK STRANGE, Justice.

This is an interlocutory appeal1 from the trial court's order denying the special appearance of Bastian Material Handling, L.L.C. (BMH), an Indiana-based company. Plaintiff Stelluti Kerr, L.L.C. (SK), a Texas resident, sued BMH in Texas asserting causes of action based upon a sworn account and quantum meruit. BMH filed a special appearance pursuant to TEX.R. CIV. P. 120a in which it asserted that...

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