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STATE EX REL. CITY OF WICHITA FALLS v. RUST

No. 17227.

468 S.W.2d 581 (1971)

STATE of Texas ex rel. CITY OF WICHITA FALLS, Appellant, v. William W. RUST et ux., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 2, 1971.

Attorney(s) appearing for the Case

H. P. Hodge, Jr., City Atty., and Malcolm L. Hughes, Asst. City Atty., Wichita Falls, for appellant.

Short & Helton, and Donald E. Short, Wichita Falls, for appellees.

OPINION

BREWSTER, Justice.

The City of Wichita Falls filed this suit to condemn the fee simple title to a 2.684 acre tract in Wichita Falls belonging to condemnees for use in constructing and operating a freeway project known as the Kell Freeway. A jury trial was had in which the sole question to be determined was the market value of the land taken. Being dissatisfied with the judgment rendered the City has appealed.

The City's Point 1 is that the...

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