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SOUTHERN PACIFIC TRANSP. CO. v. COUNTY OF HARRIS

No. 16300.

508 S.W.2d 484 (1974)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellant, v. The COUNTY OF HARRIS, Appellee.

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

Rehearing Denied April 18, 1974.

Attorney(s) appearing for the Case

Walter E. Workman, Diana E. Marshall, Houston, for appellant; Baker & Botts, Houston, of counsel.

Joe Resweber, County Atty., Jerry B. Schank, Edward J. Landry, Senior Asst. County Attys., Houston, for appellee.

PEDEN, Justice.

In an eminent domain proceeding brought as a cross-action in the district court under Article 3269, Vernon's Texas Civil Statutes, the condemnee asserts that the district court had no jurisdiction over the cross-action because the condemnor neither pleaded nor proved a bona fide effort to agree with the condemnee on the value of the interest sought.

Southern Pacific had brought suit in district court where it had obtained an order temporarily...

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