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HILL FARM, INC. v. HILL COUNTY

No. 4688.

425 S.W.2d 414 (1968)

HILL FARM, INC., Appellant, v. HILL COUNTY, Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 14, 1968.

Attorney(s) appearing for the Case

Beard & Kultgen, Pat Beard, Waco, for appellant.

Betty Dohoney, Hillsboro, for appellee.

OPINION

WILSON, Justice.

Summary judgment was rendered requiring appellant to remove a pipeline from the right-of-way of a public county road. The petition for mandatory injunction on behalf of Hill County alleged appellant, without legal right, dug a ditch in a described right-of-way within which it laid and maintained the line, refusing to remove it. Appellant answered that the line was laid "with the oral consent of the County Commissioner of the precinct...

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