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MOORE COUNTY v. BERGNER

No. 8527.

526 S.W.2d 702 (1975)

MOORE COUNTY, Texas, Appellant, v. Bill BERGNER, Individually and as Representative of the Estate of John C. Bergner, Deceased, Appellee.

Court of Civil Appeals of Texas, Amarillo.

August 11, 1975.

Attorney(s) appearing for the Case

Lovell, Lyle, Cobb & Renfer, Dumas (Thomas C. Moore), Dumas, for appellant.

Whittenburg Law Firm, Amarillo (George Whittenburg), Amarillo, for appellee.

ELLIS, Chief Justice.

Plaintiff, Moore County, Texas, brought suit to enjoin defendant, Bill Bergner, individually and as representative of the Estate of John C. Bergner, deceased, from obstructing a public roadway and easement claimed by plaintiff-appellant across defendant-appellee's land in Hutchinson County, Texas. No issue has been made of the right of Moore County to maintain the action.

After a jury trial both parties moved for judgment upon the verdict...

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