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CALDER v. CASS

No. 15393.

310 S.W.2d 649 (1958)

Bruce CALDER, Appellant, v. Frank W. CASS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 7, 1958.

Attorney(s) appearing for the Case

Golden, Croley, Howell, Johnson & Mizell and Robert E. Price, Dallas, for appellant.

Witts, Geary, Hamilton & Brice and William C. Koons, Dallas, for appellee.

DIXON, Chief Justice.

Frank W. Cass, appellee, filed an application to perpetuate testimony under Rule 187, Texas Rules of Civil Procedure, naming ten persons as parties adversely interested in the suit he anticipates instituting. He obtained service on all but one of the named persons.

Bruce Calder, appellant, one of the persons on whom service was obtained, filed suit asking for an injunction to restrain appellee from taking the depositions of the witnesses...

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