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W. D. HADEN COMPANY v. DODGEN

No. A-6448.

308 S.W.2d 838 (1958)

The W. D. HADEN COMPANY, Petitioner, v. Howard D. DODGEN et al., Respondents.

Supreme Court of Texas.

January 15, 1958.

Attorney(s) appearing for the Case

Dibrell, Dibrell & Greer, Galveston, for petitioner.

Will Wilson, Atty. Gen. of Texas, John R. Lennan, Cecil C. Rotsch and C. K. Richards, Assts. Atty. Gen., A. M. Le Croix, Austin, for respondents.

CALVERT, Justice.

This action was instituted against the members and the Executive Secretary of the Game and Fish Commission of Texas by W. D. Haden Company, petitioner here, for a declaratory judgment to establish certain rights under a permit to take mudshell from Galveston Bay. The respondent-defendants filed a plea in abatement asserting that the suit was in reality a suit against the State of Texas, filed without legislative permission. The plea in abatement...

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