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H. E. BUTT GROCERY COMPANY v. JUSTICE

No. 5173.

484 S.W.2d 628 (1972)

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

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 21, 1972.

Attorney(s) appearing for the Case

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

Spafford, Gay & Whitham, Samuel J. Ferro and Donald G. Gay, Dallas, for appellees.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant HEB from declaratory judgment holding a restrictive covenant against use of land for the purpose of conducting a foodstore, did not prohibit use of such land for parking, ingress, and egress for and to a grocery supermarket to be located on unrestricted land adjacent to the restricted tract, all in the City of Waco.

Plaintiffs Justice, et al sued defendant HEB for declaratory judgment...

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