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BEIN v. McPHAUL

No. 7147.

357 S.W.2d 420 (1962)

Martin BEIN et al., Appellants, v. J. D. McPHAUL, Appellee.

Court of Civil Appeals of Texas, Amarillo.

May 7, 1962.

Attorney(s) appearing for the Case

Key, Carr, Carr & Clark, Lubbock, for appellants.

Timberlake & Wassell, Lubbock, for appellee.

CHAPMAN, Justice.

Appellants, Martin Bein and wife, Eugina Bein, and James H. Brown and wife, Deana Brown, sought damages in the Court below against Mrs. Inez Sloan, d/b/a Sloan's Nursing Home, and J. D. McPhaul for alleged violation of a building restriction in Bender Terrace Addition to the City of Lubbock by the construction of a nursing home to be used for the care of aged people on Lot 92 in the addition. A motion for summary judgment was granted J. D. McPhaul...

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