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STATE EX REL. HOWARD v. CITY OF WICHITA FALLS

No. 17190.

465 S.W.2d 459 (1971)

STATE of Texas ex rel. P. V. HOWARD, Appellants, v. CITY OF WICHITA FALLS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 7, 1971.

Attorney(s) appearing for the Case

Douthitt & Mitchell, and Frank J. Douthitt, County Atty., of Clay County, Henrietta, for appellants.

H. P. Hodge, Jr., City Atty., Wichita Falls, for appellee.

OPINION

MASSEY, Chief Justice.

The question determinative of the case presented on appeal is whether its possession of the easement for pipeline purposes entitled the City of Wichita Falls, Texas to annex territory outside its territorial jurisdiction.

The Municipal Annexation Act, Vernon's Ann.Tex.Civ.St. Art. 970a, Sec. 7, subd. A, reads as follows: "A city may annex territory only within the confines of its extraterritorial jurisdiction; provided...

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