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STATE EX REL. CITY OF AZLE v. CITY OF SANCTUARY

No. 17193.

467 S.W.2d 211 (1971)

STATE of Texas ex rel. CITY OF AZLE, Appellants, v. CITY OF SANCTUARY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 28, 1971.

Attorney(s) appearing for the Case

Alex Tandy, County Atty., Parker County, Weatherford, George C. Thompson, Jr., City Atty., City of Azle, Fort Worth, and Wynn, Irby, Brown, McConnico & Mack, and John Randolph Thompson, Jr., Fort Worth (this firm on appeal only), for appellants.

Fulgham, Grogan & Vick, Weatherford; Rattikin & Honts, Owens & Fortney, and Richard Owens, Fort Worth, for appellee.

OPINION

LANGDON, Justice.

This is a quo warranto proceeding filed by the State of Texas, as plaintiff, on the relation of appellant, City of Azle, Texas, attacking the validity of the incorporation of appellee, City of Sanctuary, as a municipality. Both Azle and Sanctuary are in Parker County.

The case was tried to a jury. It found (1) that the purported incorporation of the City of Sanctuary on May 3, 1969, included land area in its incorporation...

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