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CITY OF CORPUS CHRISTI v. SOUTHERN COMMUNITY GAS CO.

No. 14083.

368 S.W.2d 144 (1963)

CITY OF CORPUS CHRISTI, Appellant, v. SOUTHERN COMMUNITY GAS COMPANY, a Corporation, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 5, 1963.

Attorney(s) appearing for the Case

I. M. Singer, City Atty., W. D. Pilcher, Asst. City Atty., Corpus Christi, for appellant.

Lewright, Dyer & Redford, Corpus Christi, Sears & Burns, Houston, for appellee.

BARROW, Justice.

This is an appeal by the City of Corpus Christi from a summary judgment granted Southern Community Gas Company. The case involves a construction of Chapter 470, Acts 52nd Legislature, 1951, now Article 1436b, Vernon's Ann.Civ.Stats.

In October, 1954, the City annexed an area which included a portion of appellee's gas distribution system. On February 2, 1955, City passed an ordinance which granted a five-year franchise to appellee and provided...

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