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CARTER v. CITY OF TYLER

No. 476.

454 S.W.2d 771 (1970)

Joseph L. CARTER et ux., Appellants, v. CITY OF TYLER, Texas, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 11, 1970.

Attorney(s) appearing for the Case

Ben E. Jarvis, Tyler, for appellants.

Henry L. McGee, Jr., W. M. Williams, Jr., Tyler, for appellee.

McKAY, Justice.

This is a condemnation suit brought by appellee, the City of Tyler, seeking to condemn the fee interest in the surface of 11.54 acres of land out of a 125 acre tract owned by appellants, Joseph L. Carter and Grace Carter. A stipulation having been entered into by both parties as to the right of the City to condemn this property, only the issue of damages was tried to a jury. The jury found the cash market value of the surface estate of the 11.54 acres...

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