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KROGER COMPANY v. J. WEINGARTEN, INC.

No. 14322.

380 S.W.2d 145 (1964)

The KROGER COMPANY, Appellant, v. J. WEINGARTEN, INC., Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied June 4, 1964.

Second Rehearing Denied June 25, 1964.

Attorney(s) appearing for the Case

John F. Heard, Houston, and Baker, Botts, Shepherd & Coates, Houston, of counsel, for appellant.

James W. Dilworth and Selby W. Sullivan, Houston, and Andrews, Kurth, Campbell & Jones, Houston, of counsel, for appellee.

WERLEIN, Justice.

This suit was brought by appellee, J. Weingarten, Inc., the lessee and operator of a super-market in Oak Forest Addition to the City of Houston, herein referred to as Weingarten, against appellant, The Kroger Company, referred to as Kroger, to enjoin Kroger from constructing and operating a competing super-market on a tract of land within Oak Forest Addition about one mile from Weingarten's store, in violation of certain restrictive covenants. The...

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