WEST TEXAS UTILITIES CO. v. CITY OF MASON

No. 9870.

229 S.W.2d 404 (1950)

WEST TEXAS UTILITIES CO. v. CITY OF MASON.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 3, 1950.


Attorney(s) appearing for the Case

Scott Snodgrass, of San Angelo, Roscoe Runge, of Mason, E. L. Harwell (of Wagstaff, Harwell, Wagstaff & Alvis), of Abilene, Everett Looney (of Looney, Clark & Moorhead), of Austin, for appellant.

R. E. Lee, of Mason, for appellee.


HUGHES, Justice.

The City of Mason sued the West Texas Utilities Company for a mandatory injunction to compel compliance with an ordinance of the City requiring the Company "* * * to remove all poles, wires, transformers, conduits, and other property used in said public utility business and situated in, upon, under, across or along the public streets and alleys within said town * * *."

After a non-jury trial judgment was rendered for the City ordering the...

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