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NESMITH v. ALLEN

No. B-5538.

531 S.W.2d 330 (1975)

Robert E. NESMITH et al., Petitioners, v. Shirley Nesmith ALLEN, Respondent.

Supreme Court of Texas.

November 26, 1975.

Attorney(s) appearing for the Case

Jamail & Gano, Joseph Jamail and William J. Stradley, Hofheinz & Harpold, Lew W. Harpold, Houston, John L. Hill, Atty. Gen., Scott Garrison, Asst. Atty., Gen., Austin, for petitioners.

Urban, Coolidge, Pennington & Scott, T. J. Sims and Michael D. Stewart, Houston, for respondent.

PER CURIAM.

The trial court's judgment in favor of petitioners was reversed by the court of civil appeals because of the existence of an undetermined material fact issue. 525 S.W.2d 943. The application for writ of error of Robert E. Nesmith, et al., is refused, no reversible error. We note, however, that the court of civil appeals, in the first sentence in paragraph nine of its opinion, inadvertently stated that the existing fact...

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