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SPARKS v. BOLTON

No. 7321.

355 S.W.2d 199 (1962)

W. H. SPARKS et al., Trustees for the General American Oil Company of Texas Retirement Trust, Appellants, v. W. Thomas BOLTON and Texas and New Orleans Railroad Company, Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied March 20, 1962.

Attorney(s) appearing for the Case

George S. Terry, Jerry N. Jordan, Turner, Rodgers, Winn, Scurlock & Terry, Dallas, for appellants.

L. P. Bickel, Jackson, Walker, Winstead, Cantwell & Miller, H. Louis Nichols, Saner, Jack, Sallinger & Nichols, Jerome Chamberlain, Chamberlain & Rachael, Dallas, for appellees.

FANNING, Justice.

Appellants sought a permanent injunction against appellees from erecting an automobile service station on railroad right-of-way in the City of Dallas. The trial court sustained appellees' plea in abatement and dismissed appellants' suit asking to enjoin appellees from platting and subdividing a portion of the railroad's right-of-way and constructing an automobile service station thereon, which was reversed by the Dallas Court of Civil Appeals,

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