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CITY OF HOUSTON v. BANKERS MORTGAGE COMPANY

No. 16363.

514 S.W.2d 326 (1974)

CITY OF HOUSTON, Appellant, v. BANKERS MORTGAGE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 3, 1974.

Attorney(s) appearing for the Case

Jonathan Day, City Atty., Fred R. Spence, Sr. Asst. City Atty., Houston, for appellant.

Liddell, Sapp, Zivley & Brown, W. Robert Brown, Charles H. Waters, Jr., Houston, for appellees.

COLEMAN, Chief Justice.

This is an appeal from a judgment dismissing a condemnation action for want of jurisdiction.

On or about February 8, 1974 the City of Houston filed a "Plaintiff's Statement" in an eminent domain proceeding with the judge of the County Civil Court at Law No. 2. The City sought thereby to acquire fee simple title to a certain tract of real property owned by Bankers Mortgage Company. Notice of hearing was thereafter duly served upon the...

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