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MOUNT OLIVET CEMETERY CO. v. CITY OF FORT WORTH

No. 15581.

275 S.W.2d 152 (1955)

MOUNT OLIVET CEMETERY COMPANY, Appellant, v. CITY OF FORT WORTH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 18, 1955.

Attorney(s) appearing for the Case

McDonald, Sanders, Nichols, Ludlum, Wynn & Ginsburg, and J. Olcott Phillips, Fort Worth, for appellant.

R. E. Rouer, S. G. Johndroe, Jr., and Robert R. Goodrich, Fort Worth, for appellee.

MASSEY, Chief Justice.

The City of Fort Worth proposed to pave a street running alongside and adjacent to the Mount Olivet Cemetery Company in Fort Worth, Texas. Attempt was made to secure the Cemetery Company's execution of a contract in connection therewith which would have entitled the City to a lien upon certain of the abutting Cemetery property, more than 20 acres of which had not been theretofore actually used for cemetery purposes, though it was a part of the...

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