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STRAIN v. NEAL

No. 5272.

312 S.W.2d 713 (1958)

C. Hunter STRAIN, Appellant, v. H. F. NEAL, Appellee.

Court of Civil Appeals of Texas, El Paso.

April 2, 1958.

Attorney(s) appearing for the Case

McDonald & Shafer, Odessa, for appellant.

Steve Preslar, McCamey, for appellee.

FRASER, Justice.

H. F. Neal, appellee herein and plaintiff below, sued C. Hunter Strain, appellant-defendant, a resident of Tom Green County, for damages in the 112th District Court of Upton County, Texas. Upon hearing without a jury, the trial court overruled appellant's plea of privilege. This appeal is from such order.

Appellee has taken the position that this case presents a "damage to land" situation within...

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