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CITY OF TYLER v. ST. LOUIS SOUTHWESTERN RY. CO. OF TEX.

No. A-11260.

405 S.W.2d 330 (1966)

The CITY OF TYLER et al., Plaintiffs in Error, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY OF TEXAS et al., Defendants in Error.

Supreme Court of Texas.

July 20, 1966.

Attorney(s) appearing for the Case

Troy Smith, Tyler, for plaintiffs.

Roy P. Cosper and Clyde W. Fiddes, Ramey, Brelsford, Flock & Devereux, Tyler, Jackson, Walker, Winstead, Cantwell & Miller, D. L. Case, Dallas, for defendants.

CALVERT, Chief Justice.

This is an original proceeding in this Court in the form of a motion to vacate, modify or suspend a judgment entered in 1906 in City of Tyler v. St. Louis Southwestern Ry. Co. of Texas, 99 Tex. 491, 91 S.W. 1. The proceeding is dismissed for want of jurisdiction.

In 1902 the City of Tyler and three of its residents, Johanah Pabst, W. H. Cousins and Sue Cousins, instituted a suit in the District...

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