AMERICAN CANAL CO. OF TEXAS v. DOW CHEMICAL CO.

No. 14349.

380 S.W.2d 662 (1964)

AMERICAN CANAL COMPANY OF TEXAS et al., Appellants, v. The DOW CHEMICAL COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston.

First Rehearing June 18, 1964.

Second Rehearing Denied July 9, 1964.


Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Austin C. Wilson, Richard L. McGraw, Jay W. Elston, W. James Kronzer, Houston, Brown, Sparks & Erwin, W. S. Heatly, Paducah, Eastham, Meyer & Moore, A. J. Eastham, Houston, of counsel, for appellant American Canal Co.

Waggoner Carr, Atty. Gen., F. R. Booth, Asst. Atty. Gen., Burrel Rowe, Chief Legal Examiner, Texas Water Commission, Austin, of counsel, for appellant Texas Water Commission.

R. J. Fields, Freeport, Clark, Thomas, Harris, Denius & Winters, Martin Harris, James H. Keahey, Austin, for appellee The Dow Chemical Co.

W. David Evans, Angleton, John Goldsum, Austin, for Brazoria County.

J. E. Junker, Richmond, for Fort Bend County.

Robert C. Koonce, Edward R. Goff, Angleton, for Cities of Angleton and Clute.

Frank W. Stevens, Angleton, for City of Lake Jackson.

Hall W. Griggs, West Columbia, for City of West Columbia.

C. Wayne Holder, Freeport, for Cities of Freeport, Sweeny & Brazoria.

L. A. Van Slyke, Richmond, for City of Richmond.

O. H. Middlebrooks, Rosenberg, for the City of Rosenberg.

Price Daniel, Austin, of counsel, for above appellee-intervenors.

W. David Evans, Angleton, for appellee-intervenor owners, John Alexander, Executor of the Estate of C. H. Alexander, deceased, Mrs. C. H. Alexander, Myron D. Williams and J. G. Jacquemine.


Motions for Rehearing

COLEMAN, Justice.

This is an appeal from a judgment denying the pleas of privilege of the American Canal Company of Texas and the Texas Water Commission, to be sued in the District Court of Travis County, Texas.

The American Canal Company of Texas is the owner of Permit No. 1040 authorizing it to appropriate 99,932 acre feet of Brazos River water per annum for irrigation, manufacturing and municipal purposes. This permit, issued...

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