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THOMAS v. HALE COUNTY

No. 8618.

531 S.W.2d 213 (1975)

Mr. and Mrs. W. L. THOMAS, Appellants, v. HALE COUNTY, Texas, Appellee.

Court of Civil Appeals of Texas, Amarillo.

December 8, 1975.

Attorney(s) appearing for the Case

Anderson, Edwards & Warnick, J. Q. Warnick, Jr., Lubbock, for appellants.

W. Z. Fairbanks, Jr., County Atty., George A. Canon, Plainview, for appellee.

ROBINSON, Justice.

Plaintiffs, Mr. and Mrs. W. L. Thomas, seek a permanent injunction restraining the defendant, Hale County, Texas, from cutting a certain barrow ditch to a level which plaintiffs contend would divert the natural flow of runoff water so as to cause flooding of plaintiffs' land. The trial court denied plaintiffs' motion for a temporary mandatory injunction requiring Hale County to partially fill in the ditch pending final judgment. Plaintiffs appeal...

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