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PAYNE v. CITY OF TYLER

No. 40.

379 S.W.2d 373 (1964)

Raymond D. PAYNE et ux., Appellants, v. CITY OF TYLER, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied May 7, 1964.

Second Rehearing Denied June 4, 1964.

Attorney(s) appearing for the Case

Wm. R. Crocker, Lawrence & Lawrence, Tyler, for appellants.

Troy Smith, Smith & Smith, Henry L. McGee, Jr., Tyler, for appellee.

DUNAGAN, Chief Justice.

On September 19, 1960, the City of Tyler, a municipal corporation, possessing the right of eminent domain, filed a condemnation action against the appellants herein for the purpose of acquiring easement rights with respect to a lighting approach to its municipal airport over certain lands owned by the defendants (appellants). Commissioners were appointed and after a hearing was had, an award was made on September 28, 1960, which was filed with...

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