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STATE v. TURBOFF

No. 15317.

431 S.W.2d 953 (1968)

The STATE of Texas, Appellant, v. Harold TURBOFF et ux., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

September 5, 1968.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Asst. Atty. Gen., Watson C. Arnold, C. W. Pearcy, Asst. Attys. Gen., Austin, for appellant.

Vinson, Elkins, Weems & Searls, F. Russell Kendall, Jarrel D. McDaniel, Ewing Werlein, Jr., Houston, for appellees.

PEDEN, Associate Justice.

Appellant brought this suit to condemn for highway purposes appellees' tract on which two commercial buildings stood. The State's appeal is based on its assertions that the trial court erred in giving Instruction No. 2 in the charge to the jury: "You are instructed that in valuing the land, you shall take into consideration permanent improvements, if any, in the land, insofar as such improvements...

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