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GRIFFIN v. HAWN

No. A-7819.

341 S.W.2d 151 (1960)

McNelll GRIFFIN et al., Petitioners, v. C. F. HAWN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 31, 1960.

Attorney(s) appearing for the Case

Byron L. McClellan, Gatesville, H. A. Leaverton, Evant, Black & Stayton, Austin, for petitioners.

R. Mears, County Atty., Gatesville, for Coryell County.

Will Wilson, Atty. Gen., H. Grady Chandler, Joseph G. Rollins, Watson C. Arnold, Wm. T. Blackburn and Ralph Rash, Austin, for C. F. Hawn and Highway Commissioners.

WALKER, Justice.

The question to be decided in this appeal is whether the action was properly dismissed as being a suit against the State of Texas without legislative consent. Suit was originally instituted by McNeill Griffin and C. J. Griffin, petitioners, against the State of Texas and Coryell County to restrain the defendants from trespassing on a tract of land alleged to be owned by petitioners and from injuring such land or the improvements thereon. The State...

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