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FLOWERS v. STEELCRAFT CORPORATION

No. A-11293.

406 S.W.2d 199 (1966)

L. J. FLOWERS, Individually, and d/b/a Flowers Tank Company, Petitioner, v. STEELCRAFT CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Denied October 5, 1966.

Attorney(s) appearing for the Case

Robinson & Fotheringham, Amarillo, for petitioner.

Sanders, Scott, Saunders, Brian & Humphrey, Robert H. Smith, Amarillo, for respondent.

POPE, Justice.

Plaintiff, L. J. Flowers, doing business as Flowers Tank Company, sued Steelcraft Corporation, a Texas corporation, for labor and personal services performed in the erection of three storage tanks in Granada, Colorado. The trial court sustained defendant's plea in abatement and dismissed plaintiff's suit. The plea asserted that defendant was not liable in the capacity in which it was sued because the plaintiff sued Steelcraft Corporation, a Texas corporation...

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