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GAITHER v. STATE

No. 6129.

461 S.W.2d 245 (1970)

Charles C. GAITHER et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 30, 1970.

Attorney(s) appearing for the Case

Doyle H. Gaither, Niland, Niland & Cooper, Jack Niland, El Paso, for appellants.

Crawford C. Martin, Atty. Gen., Watson C. Arnold, Dudley Fowler, Nola White, Alfred L. Walker and C. W. Pearcy, Asst. Attys. Gen., Austin, for appellee.

OPINION

FRASER, Chief Justice.

This is a partial-taking condemnation case which was tried before a jury and submitted on the standard "Carpenter" charge (see State v. Carpenter, 126 Tex. 604, 89 S.W.2d 194).

The land in question is a tract of some 634 acres lying 13.5 miles east of downtown El Paso at the intersection of I.H. 10 and Loop 75. The actual taking consisted of 5.009 acres of land taken in fee, and a drainage easement over .243 acres of...

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