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MALLOW v. STATE

No. 16311.

356 S.W.2d 705 (1962)

Lynn MALLOW et al., Appellants, v. The STATE of Texas ex rel. CITY OF DENTON, Texas, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 11, 1962.

Attorney(s) appearing for the Case

Shirley W. Peters, Denton, for appellants.

John Lawhon, County Atty. of Denton County, Lee E. Holt, Coleman & Whitten, and Earl L. Coleman, Denton, for appellees.

MASSEY, Chief Justice.

A material question to be resolved, essential to the determination of the propriety of summary judgment in this case, was whether or not the superficial area of the Town of Mayhill, purportedly lawfully incorporated under authority of Vernon's Ann.Tex.St. Title 28, "Cities, Towns and Villages", Art. 971, "Territorial boundaries", was in excess of more than two square miles, or 1,280 acres. It is not...

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