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WEST TEXAS UTILITIES COMPANY v. KITTLEY

No. 4342.

447 S.W.2d 221 (1969)

WEST TEXAS UTILITIES COMPANY, Appellant, v. J. E. KITTLEY et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 28, 1969.

Attorney(s) appearing for the Case

Les Cochran and George Leonard, Jr., Wagstaff, Alvis, Alvis, Cochran & Leonard, Abilene, Ratliff & Ratliff, Haskell, for appellant.

Scarborough, Black, Tarpley & Scarborough, J. R. Black, Jr., Abilene, Royce Adkins, Dist. Atty., Haskell, for appellees.

COLLINGS, Justice.

This is an eminent domain proceeding. The West Texas Utilities Company sought an easement for the construction, maintenance, and repair of an H-Frame transmission line across land owned by J. E. Kittley and wife situated in Haskell County. The right of the Utility Company to condemn the easement in question and all jurisdictional prerequisites to maintaining the suit were stipulated. The sole issues in...

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