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PHILLIPS v. CITY OF ODESSA

No. 5132.

287 S.W.2d 518 (1956)

Allen PHILLIPS and B. P. Allen et al., Appellants, v. CITY OF ODESSA, Texas, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 1, 1956.

Attorney(s) appearing for the Case

John Lee Smith, Lubbock, for appellants.

Malvern G. McDonald, City Atty., Walter H. Acreman, Asst. City Atty., Odessa, for appellee.

FRASER, Justice.

This was a suit brought by B. P. Allen and others attacking the validity of an annexation ordinance of the City of Odessa. The court upon hearing on the pleadings sustained defendant's exception No. 1, which urged the dismissal of plaintiffs' pleading because it was not brought as an action in quo warranto under the provisions of Article 6253, R.S., thereby dismissing plaintiffs' pleadings. From this action of the trial court the plaintiffs have appealed...

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