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STATE v. USELTON

No. 11895.

478 S.W.2d 851 (1972)

The STATE of Texas et al., Appellants, v. C. T. USELTON et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 19, 1972.

Attorney(s) appearing for the Case

Don R. Butler, City Atty., C. Charles Dippel, Asst. City Atty., Austin, for appellants.

Phillips & Norris, Hawthorne Phillips, Austin, for appellees.

SHANNON, Justice.

This is an appeal of a condemnation case relating to a partial taking, and the important question entails the submission of Special Issues pursuant to State v. Carpenter, 126 Tex. 604, 89 S.W.2d 194 (1936), on rehearing 89 S.W.2d 979 (1936).

The case which was tried to a jury in the District Court of Travis County, embraces the taking of 2.748 acres from a 5.9 acre tract in Austin for a highway project. Judgment was entered for the landowners...

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