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H. E. BUTT GROCERY COMPANY v. JUSTICE

No. 5068.

473 S.W.2d 77 (1971)

H. E. BUTT GROCERY COMPANY, Appellant, v. Glenn W. JUSTICE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 24, 1971.

Attorney(s) appearing for the Case

Bryan, Wilson, Olson & Stem, Waco, Lewis T. Tarver, Jr., San Antonio, for appellant.

Samuel J. Ferro, Jr., Spafford, Gay & Whithan, Dallas, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant HEB from judgment overruling its plea of privilege to be sued in Nueces County, the county of its residence. Justice et al, plaintiffs, sued defendant HEB for a declaratory judgment to construe and determine a use restriction on plaintiffs' property that same does not preclude the property's use as a parking lot for a grocery supermarket. HEB filed its plea of privilege to be sued in Nueces...

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