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TEXAS ELECTRIC SERVICE COMPANY v. LINEBERY

No. 5410.

344 S.W.2d 242 (1961)

TEXAS ELECTRIC SERVICE COMPANY, a corporation, Appellant, v. Evelyn LINEBERY, Individually and as Independent Executrix of the Will of W. F. Scarborough, Deceased, and her husband, Tom Linebery, Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 15, 1961.

Attorney(s) appearing for the Case

John R. Lee, Kermit (Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, on rehearing), for appellant.

Finley, Dickie & Scogin, Kermit, for appellees.

FRASER, Justice.

This is a statutory condemnation proceeding brought by Texas Electric Service Company, an electric utility company, to acquire an easement for an electric transmission line over and across ranch property in Winkler County, Texas, the surface of which is owned by Evelyn Linebery and Tom Linebery, defendants-appellees.

The Statement in Condemnation was filed with the County Judge, Winkler County, Texas; special commissioners were appointed;...

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