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SOUTHWESTERN BELL TEL. CO. v. TEXAS & N. O. R. CO.

No. 9756.

125 F.2d 699 (1942)

SOUTHWESTERN BELL TEL. CO. et al. v. TEXAS & N. O. R. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 24, 1942.

Attorney(s) appearing for the Case

John H. Bickett, Jr. and C. M. Means, both of Dallas, Tex., and K. W. Denman, of Lufkin, Tex., for appellants.

Roy L. Arterbury, of Houston, Tex., for appellee.

Before FOSTER and HUTCHESON, Circuit Judges, and DAWKINS, District Judge.

FOSTER, Circuit Judge.

In this case the material facts as found by the District Court may be briefly stated. Texas and New Orleans Railroad Co. is the owner of a right of way, occupied by its tracks, through Angelina County, Texas. Southwestern Telegraph & Telephone Co. acquired an easement over the right of way from its predecessor, the Houston East & West Texas Railway Co., by condemnation proceeding in state courts...

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