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STATE v. HOLLAND

No. 478.

453 S.W.2d 871 (1970)

The STATE of Texas et al., Appellants, v. Wayne E. HOLLAND et ux., Appellees.

Court of Civil Appeals of Texas, Tyler.

April 23, 1970.

Attorney(s) appearing for the Case

Colley & Lloyd, Paul S. Colley, Henderson, for appellants.

Gordon Wellborn & Rex Houston, Guinn D. Tate, Henderson, for appellees.

MOORE, Justice.

This is a condemnation case brought by The State of Texas acting by and through the Commissioner's Court of Rusk County, Texas, against Wayne E. Holland and wife, Peggy M. Holland. The land condemned consists of 1.22 acres out of a 10 acre tract used by the landowners for residential purposes. The State condemned for the purpose of widening U.S. Highway No. 259.

The cause was tried before a jury. In response to the three special issues submitted...

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