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STATE v. LAIN

No. A-8109.

349 S.W.2d 579 (1961)

STATE of Texas et al., Petitioners, v. T. W. LAIN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 3, 1961.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Ben M. Harrison, James H. Rogers and Thomas Burrus, Asst. Attys. Gen., Maco Stewart, Galveston, for petitioners.

McLeod, Mills, Shirley & Alexander, Galveston, for respondents.

CALVERT, Chief Justice.

The nature of this suit is accurately reflected in the following statement appearing in the opinion of the Court of Civil Appeals (339 S.W.2d 272, 273):

"Plaintiffs, alleging fee simple ownership of land adjacent to the south jetty right of way and Galveston Ship Channel, brought this action in trespass to try title against the State of Texas, the State Highway Commission and its members, the State...

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