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BEATY v. CITY OF ABILENE

No. 4400.

458 S.W.2d 496 (1970)

L. B. BEATY et al., Appellants, v. CITY OF ABILENE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied August 21, 1970.

Attorney(s) appearing for the Case

Yates & Yates, Abilene, for appellants.

Ben Niedecken, City Atty., Britt Thurman, Asst. City Atty., Abilene, for appellee.

WALTER, Justice.

L. B. Beaty, R. J. Little, J. N. Bradshaw and others, individually, and in behalf of others similarly situated as tax paying citizens filed suit against the City of Abilene to restrain the City from the construction and operation of a landfill type of garbage disposal project. They contended it would pollute the underground water supply, the water of Elm Creek and Fort Phantom Hill Lake, would create a flood hazard, and divert the flow of water below...

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