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STATE v. MERRILL

No. A-7665.

334 S.W.2d 432 (1960)

STATE of Texas, Petitioner, v. Willie MERRILL, a Feme Sole, and Tom Gray, Respondents.

Supreme Court of Texas.

April 20, 1960.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., James H. Rogers, Morgan Nesbitt & J. Arthur Sandlin, Assts. Atty. Gen., for petitioner.

William H. Earney & H. O. Metcalfe, Marfa, Turpin, Kerr, Smith & Dyer, Midland, for respondent.

SMITH, Justice.

This suit was brought by the State on behalf of the Texas State Parks Board seeking a permanent injunction to restrain the respondents from padlocking gates leading into a portion of the State Park in the Davis Mountains. The land involved is a 1340-acre tract out of a 1540-acre tract near Fort Davis in Jeff Davis County. The Park is located on the highway leading from Fort Davis to the McDonald Observatory. This tract was leased on January 18, 1934...

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