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SMITH v. MOBIL OIL CORPORATION

No. 4617.

495 S.W.2d 628 (1973)

Lloyd C. SMITH et al., Appellants, v. MOBIL OIL CORPORATION, Appellee.

Court of Civil Appeals of Texas, Eastland.

April 13, 1973.

Attorney(s) appearing for the Case

L. J. Varnell, Jr., Mineral Wells, for appellants.

Duncan Gault, Mineral Wells, Ronald L. Neill, and Landon T. Carlson, Dallas, for appellee.

RALEIGH BROWN, Justice.

Lloyd C. Smith and wife, Maurine, and Joseph C. Smith doing business as Gordon Oil Company sued Mobil Oil Corporation, A. W. Stell and wife, Ruth. Plaintiffs seek a declaratory judgment declaring that a restrictive covenant on their property does not preclude the property's use for ingress and egress for a service station complex to be located on unrestricted land, adjacent to but not a part of the restricted tract.

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