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BOIS D'ARC ISLAND LEVEE IMP. DIST. NO. 4 v. SHEPHERD

No. 819.

522 S.W.2d 584 (1975)

BOIS D'ARC ISLAND LEVEE IMPROVEMENT DISTRICT NO. FOUR OF DALLAS AND KAUFMAN COUNTY, Appellant, v. C. D. SHEPHERD et ux., Appellees.

Court of Civil Appeals of Texas, Tyler.

April 24, 1975.

Attorney(s) appearing for the Case

Morgan, Shumpert, Huff, Philipps, Mosley & Co., Kurt A. Philipps, Kaufman, for appellant.

Clyde Elliott, Jr., Canton, of counsel; Elliott & Bass, Canton, Wynne & Wynne, Wills Point, Harold Hollingsworth, Kaufman, for appellees.

McKAY, Justice.

This is a condemnation suit brought by appellant Bois d'Arc Island Levee Improvement District No. 4 of Dallas and Kaufman County against appellees, C. D. Shepherd and wife. Appellant took as a permanent easement approximately 13 acres of land on the extreme lower portion of appellees' 139-acre tract. The parties stipulated that the date of taking was November 22, 1967.

The cause was tried before a jury. In response to the four special issues...

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