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BOARD OF WATER ENGINEERS v. CITY OF SAN ANTONIO

No. 10258.

273 S.W.2d 913 (1954)

BOARD OF WATER ENGINEERS OF THE STATE of Texas, Appellant, v. CITY OF SAN ANTONIO, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 5, 1955.

Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., Burnell Waldrep, John Reeves, Asst. Attys. Gen., Joe Carter, Legal Examiner, Board of Water Engineers, Austin, of counsel, for appellant.

Boyle, Wheeler, Gresham, Davis & Gregory, San Antonio, for appellee.

GRAY, Justice.

The City of San Antonio brought this suit against the Board of Water Engineers of the State of Texas and its individual members in their official capacities. It sought a declaratory judgment declaring section 1-a of art. 1434a unconstitutional, declaring and establishing its rights relative to a presentation tendered to the Board for acceptance and filing on March 2, 1953, and establishing its priority of right to withdraw water from the Guadalupe River...

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