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DALLAS COUNTY FLOOD CONTROL DISTRICT v. FOWLER

No. 3248.

280 S.W.2d 336 (1955)

DALLAS COUNTY FLOOD CONTROL DISTRICT et al., Appellants, v. Melvin FOWLER et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 16, 1955.

Attorney(s) appearing for the Case

Scurry, Scurry & Pace, Dallas, for Dallas County Flood Control Dist. et al.

Bowyer, Gray, Thomas, Crozier & Harris, Dallas, for City and County of Dallas Levee Imp. Dist. et al.

Thompson, Knight, Wright & Simmons, Richard E. Gray, Jr., and Bill E. Brice, Dallas, Tex., for Dallas County Levee Imp. Dist. No. 5 et al.

Worsham, Forsythe & Riley, Dallas, for W. C. Windsor, Jr.,

Roland Boyd, McKinney, for appellees.

McDONALD, Chief Justice.

This is a venue case involving Subdivision 9 of Article 1995, R.C.S., Vernon's Ann.Civ.St. art. 1995, subd. 9. Parties will be referred to as in the Trial Court. Plaintiffs, Melvin Fowler and 78 other crop-owners in Collin County, originally filed this suit against the Dallas County Flood Control District and its directors individually to recover damages to their respective cotton crops allegedly resulting from the use of a harmone type herbicide...

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