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STATE v. CITY OF AUSTIN

Nos. A-7173, A-7174.

331 S.W.2d 737 (1960)

STATE of Texas, Petitioner, v. CITY OF AUSTIN et al., Respondents. STATE of Texas, Petitioner, v. CITY OF DALLAS et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 17, 1960.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., H. Grady Chandler and John B. Webster, Asst. Attys. Gen., for petitioner.

Doren R. Eskew, City Atty., Austin, for City of Austin.

Ed Gossett and Whitney R. Harris, Dallas, for Southwestern Bell Tel. Co.

James Wetherbee and Willis L. Lea, Jr., Dallas, Looney, Clark, Mathews, Thomas & Harris, Franklin W. Denius, Austin, with above firm, for Southern Union Gas Co.

Will Wilson, Atty. Gen., H. Grady Chandler and John B. Webster, Asst. Attys. Gen., for petitioner.

H. P. Kucera, City Atty., Dallas, for City of Dallas.

Warren J. Collins and Howard Norris, Dallas, for Lone Star Gas Co.

W. Autry Norton and Jos. Irion Worsham, Dallas, for Dallas Power & Light Co.

WALKER, Justice.

These declaratory judgment actions place in issue the constitutionality of Article 6674w-4, Vernon's Ann.Tex.Civ.Stat. which was enacted by the Legislature in 1957 as part of House Bill 179. Acts 1957, 55th Leg., p. 724, ch. 300, § 4A. The statute provides that the relocation of utility facilities necessitated by the improvement of highways established as part of the National System of Interstate and Defense Highways shall be made by the utility...

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