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SMITH v. HARRIS COUNTY-HOUSTON SHIP CHAN. NAV. DIST.

No. A-7402.

329 S.W.2d 845 (1959)

Willie C. SMITH, Appellant, v. HARRIS COUNTY-HOUSTON SHIP CHANNEL NAVIGATION DISTRICT et al., Appellees.

Supreme Court of Texas.

December 9, 1959.

Attorney(s) appearing for the Case

Jerome J. Pope, Odessa, Bierwirth & Rosenbaum, Houston, for appellant.

Baker, Botts, Andrews & Shepherd, Royston, Rayzor & Cook, McGregor, Sewell & Junell, Houston, for appellees.

WALKER, Justice.

This case is before us on the following certificate from the Court of Civil Appeals at Fort Worth:

"On May 15, 1959, this Court affirmed the judgment of the trial court on an appeal by Willie C. Smith from a judgment sustaining a plea in abatement filed by appellee Harris County-Houston Ship Channel Navigation District.

"On May 30, 1959, appellant Smith properly posted in the United States mails his motion for rehearing, which was...

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