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CITY OF TYLER v. SMITH COUNTY

No. A-3294.

246 S.W.2d 601 (1952)

CITY OF TYLER et al. v. SMITH COUNTY et al.

Supreme Court of Texas.

Rehearing Denied March 12, 1952.

Attorney(s) appearing for the Case

Troy Smith and Ted Chilcote, Tyler, for petitioner, City of Tyler.

Lasseter, Spruiell, Lowry, Potter & Lasater, Tyler, for petitioners, Dr. Woldert et al.

Weeks & Hankerson, Tyler, for respondent.

BREWSTER, Justice.

This is a suit for a declaratory judgment relating to the square in the City of Tyler, filed by Smith County et al., respondents, against City of Tyler and as a class suit against Dr. Albert Woldert et al. representing two classes of defendants: (1) those owning property continguous to the square and (2) those owning property within the original 100-acre townsite, petitioners. A trial court judgment for respondents was affirmed by the Court of Civil...

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