STATE OF TEXAS v. FIGUEROA

No. 24567.

389 F.2d 251 (1968)

STATE OF TEXAS, Appellant, v. Fred FIGUEROA, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

January 10, 1968.


Attorney(s) appearing for the Case

James H. Quick, Asst. Atty. Gen., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., Houghton Brownlee, Jr., Asst. Atty. Gen., Austin, Tex., for appellant.

Robert Lee Bobbitt, Jr., San Antonio, Tex., for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and HUNTER, District Judge.


PER CURIAM:

This is an appeal from a judgment of the district court awarding to Figueroa, the owner of the surface estate, one half the compensation paid by the United States in a condemnation proceeding for the acquisition of a negative easement. The remaining one half was awarded to the state of Texas, the owner of the mineral estate in the lands which were the subject of the condemnation proceedings.

Here, Figueroa owned only the surface, but, under the...

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