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STATE v. DAVENPORT

No. 301.

417 S.W.2d 337 (1967)

STATE of Texas et al., Appellants, v. H. S. DAVENPORT, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied July 20, 1967.

Attorney(s) appearing for the Case

A. D. Henderson, Palestine, for appellants.

Johnston & Johnston, Luther C. Johnston, Franklin C. Williams, Palestine, for appellees, H. S. Davenport, Jr., and others.

Pitman & Stilwell, Thomas H. Stilwell, Palestine, for appellee, Wade Streetman.

John B. McDonald, Palestine, for appellee, Webb Bratz.

MOORE, Justice.

This is a condemnation proceeding. Plaintiff, the State of Texas, acting by and through the City of Palestine, brought this suit to condemn certain properties owned by the defendants lying within the City Limits of Palestine, Texas. The City of Palestine, acting in its own behalf, joined in the suit as a party plaintiff. Plaintiffs alleged in their petition for condemnation that:

"The State Highway Commission of the State of Texas has found...

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