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BABER v. TEXAS UTILITIES COMPANY

No. 15558.

228 F.2d 665 (1956)

Ruth Lewis BABER and husband, Harvey Earl Baber, Appellants, v. TEXAS UTILITIES COMPANY and Texas Power & Light Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 3, 1956.

Attorney(s) appearing for the Case

Dwight L. McCormack, S. L. Lewis, Dallas, Tex., for appellants.

Jos. Irion Worsham, Howard Jensen, Frank M. Ryburn, Jr., Worsham, Forsythe & Riley, Burford, Ryburn, Hincks & Ford, Dallas, Tex., for appellees.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.

RIVES, Circuit Judge.

Appellee, Texas Power & Light Company, whose common voting stock is wholly owned by appellee, Texas Utilities Company, sought in the Texas state courts to condemn a right of way over appellants' land for an electric transmission line. Appellants first refused to allow entry upon their land for the purpose of making a survey to secure an exact description of the proposed right of way, and such entry was enforced by injunction through the state...

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