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DENBINA v. CITY OF HURST

No. 784.

516 S.W.2d 460 (1974)

W. L. DENBINA et ux., Appellants, v. CITY OF HURST, Texas, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied December 19, 1974.

Attorney(s) appearing for the Case

Ernest May, Fort Worth, for appellants.

George A. Staples, Jr., City Atty., Hurst; for appellee.

MOORE, Justice.

The principal question involved in this case is whether the cause of action made the basis of the City's suit amounted to a compulsory counterclaim under Rule 97(a), Texas Rules of Civil Procedure, and is therefore barred by a declaratory judgment rendered in favor of the defendants, W. L. Denbina and wife, in the prior suit against the City. The present suit was instituted by appellee, City of Hurst, against appellants, W. L. Denbina and wife, on...

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