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CITY OF FORT WORTH v. SOUTHWEST MAGAZINE

No. 16328.

358 S.W.2d 139 (1962)

CITY OF FORT WORTH, Appellant, v. SOUTHWEST MAGAZINE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 15, 1962.

Attorney(s) appearing for the Case

S. G. Johndroe, Jr., City Atty., and Jerome H. Parker, Jr., Asst. City Atty., Fort Worth, for appellant.

Treadaway & Blumrosen, Lubbock, McGown, Godfrey, Logan & Decker and Winfred Hooper, Jr., Fort Worth, for appellee.

RENFRO, Justice.

The trial court entered a summary declaratory judgment in which it decreed that the plaintiff Southwest Magazine had such interest in a spur railway track owned by the Chicago, R. I. & Gulf Railway Co. in Seventh Street as to entitle plaintiff to damages against the City of Fort Worth for removal thereof.

By ordinance effective Feb. 8, 1907, the City provided: "Section 1. That the Chicago Rock Island & Gulf Railway Company is hereby...

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