SOUTHERN METHODIST UNIVERSITY v. TIMES HERALD PRINTING CO.

No. 05-86-00446-CV.

729 S.W.2d 129 (1987)

SOUTHERN METHODIST UNIVERSITY, Appellant, v. TIMES HERALD PRINTING COMPANY and David Eden, Appellees.

Court of Appeals of Texas, Dallas.

April 16, 1987.


Attorney(s) appearing for the Case

Stan McMurray, Lori B. Finkelston, Dallas, for appellant.

Charles L. Babcock, Gerald C. Conley, Dallas, for appellees.

Before STEPHENS, ROWE and THOMAS, JJ.


ROWE, Justice.

In Empire Life Insurance Co. v. Moody, 584 S.W.2d 855, 858 (Tex.1979), the supreme court held that a counterclaim for declaratory relief presented a justiciable controversy when the right sought to be declared in the counterclaim had been drawn into question by the opponent's action for declaratory judgment. In this appeal, we must decide whether a counterclaim in...

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