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STATE v. JAMAIL

No. 4451.

416 S.W.2d 473 (1967)

The STATE of Texas et al., Appellants, v. Joe N. JAMAIL et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 15, 1967.

Attorney(s) appearing for the Case

Joe Resweber, County Atty., Houston, Chas. F. Mitchell, Asst. County Atty., for appellant.

Vinson, Elkins, Weems & Searls, M. C. Chiles, Ewing Werlein, Jr., Houston, for appellee.

OPINION

WILSON, Justice.

The State and County took all of one tract belonging to appellees, and part of another, for highway purposes in this eminent domain proceeding. Judgment for damages was rendered on a jury verdict.

By their first five points appellants contend the landowners abandoned their objections to the award of commissioners by waiting more than three years and nine months to have citation issued in the County Court, and their rights...

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