CITY OF AUSTIN v. CAPITOL LIVESTOCK AUCTION CO.

No. 11576.

434 S.W.2d 423 (1968)

CITY OF AUSTIN and State of Texas, Appellants, v. CAPITOL LIVESTOCK AUCTION CO., Inc., Appellee.

Court of Civil Appeals of Texas. Austin.

Rehearing Denied December 4, 1968.


Attorney(s) appearing for the Case

Doren Eskew, City Atty., Austin, Crawford C. Martin, Atty. Gen., George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., Watson C. Arnold, Dudley Fowler, J. Bruce Willis and Woodrow Curtis, Asst. Attys. Gen., Austin, for appellants.

Garey, Colbert & Kidd, Jack Garey, Austin, for appellee.


O'QUINN, Justice.

This is an eminent domain case in which the City of Austin condemned about eight-tenths of an acre of land for use in widening State Highway 183 between the Colorado River and the Bergstrom Interchange within the city limits.

The State of Texas intervened as party plaintiff shortly before the case went to trial because of its obligation to pay fifty percent of the costs of construction and acquisition of property.

The trial court...

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