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STATE v. BRUNSON

No. 572.

461 S.W.2d 681 (1970)

STATE of Texas, Appellant, v. J. H. BRUNSON et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearings Denied December 30, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Woodrow Curtis, Asst. Atty. Gen., Austin, for appellant.

Mahoney, Shaffer, Hatch & Layton,

OPINION

GREEN, Chief Justice.

This is the third appeal in this case. The history of the litigation prior to the instant trial as it concerns the cross-action of appellees J. H. Brunson and wife against the State of Texas is set forth in the opinion of the Supreme Court in Brunson v. State, 444 S.W.2d 598, 599, as follows:

"This case grows out of a condemnation proceeding by which The State of Texas obtained a...

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