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STATE v. SCARBOROUGH

No. 7597.

383 S.W.2d 839 (1964)

The STATE of Texas, Appellant, v. J. D. SCARBOROUGH et ux., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied November 11, 1964.

Attorney(s) appearing for the Case

Samuel D. McDaniel, Jackson Hubbard, Asst. Attys. Gen., Austin, for appellant.

Russell & Perkins, Mt. Pleasant, for appellees.

CHADICK, Chief Justice.

This is an eminent domain action. The judgment in a condemnation suit awarding landowners' damages for diminution in value of two small residual tracts is affirmed.

The State condemned and took 2.4 acres out of a 3.9 acre tract of land belonging to Mr. and Mrs. J. D. Scarborough. The award made to compensate for the acquired acreage is not questioned. Evidence was offered to show damage to the 1.5 acre residue. The State in this excerpt...

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