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TOWN OF LINDSAY v. COOKE COUNTY ELECTRIC COOP. ASS'N

No. 17376.

497 S.W.2d 406 (1973)

TOWN OF LINDSAY, Texas, Appellant, v. COOKE COUNTY ELECTRIC COOPERATIVE ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 20, 1973.

Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols, and H. Louis Nichols, Dallas, and Sullivant & Harris, and Belvin R. Harris, Gainesville, for appellant.

Stark & Barnhart Attorneys, Inc., and Richard S. Stark, Gainesville, for appellee.

OPINION

LANGDON, Justice.

This suit was brought by the Town of Lindsay to require the Cooke County Electric Cooperative Association to remove its facilities, equipment and property from the public rights-of-way, streets, roads or alleys within the incorporated limits of the Town of Lindsay. The Town of Lindsay was incorporated in 1959. Ten years after such incorporation, in 1970, the Town of Lindsay requested the Cooke County Electric Cooperative Association...

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