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FRANKLIN v. PIETZSCH

No. 15700.

334 S.W.2d 214 (1960)

Dr. Elvin K. FRANKLIN et al., Appellants, v. A. L. PIETZSCH et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 15, 1960.

Attorney(s) appearing for the Case

Sanders, Lefkowitz & Green, Jack D. Eades, William W. Sweet, Jr., and John N. Harris, Jr., Dallas, for appellants.

C. C. Renfro, Chandler Lloyd, Biggers, Baker, Lloyd & Carver, Robert L. Donalson, and Thompson, Knight, Wright & Simmons, Dallas, for appellees.

YOUNG, Justice.

This action was initiated by individual appellees against Dr. Elvin K. Franklin and the City of Mesquite, Dallas County, for abatement of an alleged statutory nuisance in form of a proposed cemetery to be located within the corporate limits of Mesquite and within five miles of the City of Dallas; also for permanent injunction and to declare void an ordinance of the Mesquite municipality authorizing such cemetery. Upon hearing, judgment of perpetual...

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