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TALL TIMBERS CORPORATION v. ANDERSON

No. 13625.

342 S.W.2d 452 (1960)

TALL TIMBERS CORPORATION, Appellant, v. T. D. ANDERSON et al., Appellees.

Court of Civil Appeals of Texas, Houston.

Rehearings Denied January 5, 1961.

On Motion January 21, 1961.

Attorney(s) appearing for the Case

George A. Hill, Houston, for appellant.

Baker, Botts, Andrews & Shepherd, Thos. M. Phillips, Homer L. Bruce, Jas. P. Lee, Houston, for appellees, T. D. Anderson and others.

R. H. Burks, City Atty., Homer T. Bouldin, Senior Asst. City Atty., Houston, for appellee, City of Houston.

On Motion of Appellees January 21, 1961.

WERLEIN, Justice.

This suit was brought by appellees, T. D. Anderson et al., individually and on behalf of the residents and owners of property in Tall Timbers Section of River Oaks Addition to the City of Houston against Tall Timbers Corporation, appellant, for a declaratory judgment and permanent injunction decreeing that a certain 40 foot easement in said subdivision is restricted to use for utility purposes and...

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