Legal Opinion · Concurrence

Brown v. Gulf Coast MacHine & Supply Co.

Court of Appeals of Texas

Decided June 30, 1977No. 8008Published

1ConcurrenceStephenson, Justice

I concur with the action of the majority in affirming the venue appeal.

I agree with the majority in finding the so-called plea in abatement to be a plea in bar. However, I do not agree with the disposition of the cause of action against the company. I would enter a judgment that plaintiff take nothing against the company.

The trial court heard evidence as to the so-called plea in abatement. As stated in the majority opinion, the questions raised were whether or not .plaintiff filed his grievance within seven days after the grievance came into existence or was waived. Plaintiff had notice that…

2Cases cited2 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Whelan v. KillingsworthCourt of Appeals of Texas · 1976

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