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DUKE v. REILY

No. 6968.

431 S.W.2d 769 (1968)

Frank R. DUKE, Appellant, v. M. G. REILY et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied October 2, 1968.

Attorney(s) appearing for the Case

J. C. Zbranek, Liberty, for appellant.

Price Daniel, Jr., Liberty, for appellees.

STEPHENSON, Justice.

This is an action for damages because of wrongful diversion of water. Defendants' motion for summary judgment was granted. The parties will be referred to here as they were in the trial court.

Plaintiff made the following allegations: That defendants acquired a certain 566.04 acre tract of land in the DeRumayor League in Liberty and Polk Counties April 16, 1964. That defendants constructed an earthen dam across Mills Creek, a navigable...

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