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STATE v. RIGBY

No. 3647.

324 S.W.2d 941 (1959)

STATE of Texas et al., Appellants, v. Garl Autry RIGBY et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 11, 1959.

Attorney(s) appearing for the Case

Joe Resweber, County Attorney Harris Co., Chas. F. Mitchell, Asst. Co. Atty., Houston, for appellants.

Joseph Kirchheimer, Houston, for appellees.

WILSON, Justice.

Appellants condemned a strip 37 ft. wide by 488 ft. long and another small adjacent tract fronting on U. S. Highway 59 in Harris County as right of way for a freeway. No question is presented here concerning the land taken. The area of the remaining land on which a residence and a cafe are located is variously stated to be 43,400, 46,000 and 27,450 square feet.

Appellants' first point complains...

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