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LOWER NUECES RIVER WATER SUPPLY DIST. v. CARTWRIGHT

No. A-7153.

328 S.W.2d 752 (1959)

LOWER NUECES RIVER WATER SUPPLY DISTRICT, Petitioner, v. Holman CARTWRIGHT et ux., Respondents.

Supreme Court of Texas.

November 11, 1959.

Attorney(s) appearing for the Case

Schneider & Schneider, Charles C. Triplett, George West, Lewright, Dyer & Redford, Fischer, Wood, Burney & Nesbitt, Corpus Christi, for petitioner.

William L. Hardwick, George West, Morrill & Patton, Beeville, Harry J. Schulz, Three Rivers, Clemens, Knight, Weiss & Spencer, San Antonio, for respondents.

NORVELL, Justice.

The controlling question in this case is whether a condemning authority in an eminent domain proceeding may, prior to an award, properly dismiss proceedings pending before the special commissioners in condemnation and file suit in the District Court seeking both a determination of title disputes which had arisen in the proceedings before the commissioners, and the fixing of compensation for such property...

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