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KER v. STATE

No. 6145.

462 S.W.2d 380 (1970)

David KER et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

Andress, Woodgate & Hartt, William Andress, Jr., Dallas, for appellants.

Crawford C. Martin, Atty. Gen., Donald R. Jones, Dudley Fowler, Charles R. Lind, Wm. H. Pool, Watson C. Arnold, Nola White, Alfred C. Walker, Asst. Attys. Gen., and Meade F. Griffin, Staff Legal Asst. Atty. Gen., Austin, for appellee.

OPINION

WARD, Justice.

This is the condemnation suit for right of way for the construction of Interstate 20 as contemplated in the opinion of this court in Ker v. State, 424 S.W.2d 311 (1968, wr.ref., n.r.e.). There, it was determined that the appellants held no easement to cross Highway 80 from their cotton warehouses to the railroad loading docks. The State has now condemned the Kers' leasehold interest to some .31 acres...

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