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WILEMON v. STATE

No. 16424.

385 S.W.2d 573 (1964)

A. E. WILEMON et al., Appellants, v. STATE of Texas et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 8, 1965.

Attorney(s) appearing for the Case

Bonney & Wade, Dallas, for appellants.

Henry Wade, Dist. Atty., A. D. Jim Bowie, Ted Z. Robertson, Don R. Stodghill and Jerome E. Dawkins, Asst. Dist. Attys., Dallas, for appellees.

BATEMAN, Justice.

Our former opinion is withdrawn and the following substituted therefor.

This condemnation case involves the taking of 32,892 square feet of land, approximately half of a tract belonging to the appellants A. E. Wilemon, Bobby Wilemon and F. O. Wilemon, for highway purposes. The special commissioners assessed the damages to the landowners at $7,000 and they, being dissatisfied, duly objected and demanded jury trial. However, long before the...

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