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SPARKS v. BOLTON

No. 15739.

335 S.W.2d 780 (1960)

W. H. SPARKS et al., Trustees, Appellants, v. W. Thomas BOLTON et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

May 20, 1960.

Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, George S. Terry and Jerry N. Jordan, Dallas, for appellants.

Saner, Jack, Sallinger & Nichols, Jerome Chamberlain, Jackson, Walker, Winstead, Cantwell & Miller, B. L. Woolley, Jr., Dallas, for appellees.

DIXON, Chief Justice.

Appellants in this appeal are trustees of a retirement trust for the benefit of employees of General American Oil Company. Appellees are Thomas Bolton and Texas and New Orleans Railroad.

The appeal is from an order sustaining a plea in abatement and dismissing a suit filed by appellants seeking to enjoin appellees from platting and subdividing a portion of the railroad's right-of-way and constructing...

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