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CITY OF KENNEDALE v. CITY OF ARLINGTON

No. 17675.

532 S.W.2d 668 (1976)

CITY OF KENNEDALE, Appellant, v. CITY OF ARLINGTON, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 13, 1976.

Attorney(s) appearing for the Case

Callaway & Marshall, and Clyde M. Marshall, Jr., Fort Worth, for appellant.

Bagby, McGahey, Ross & DeVore, Stanley E. Wilkes, Jr., and Tom Todd, City Atty., Arlington, for appellee.

OPINION

BREWSTER, Justice.

This suit was brought by the City of Kennedale against the City of Arlington, seeking a declaratory judgment declaring the rights of those parties to certain lands located within the overlapping extraterritorial jurisdiction of both of those cities as such extraterritorial jurisdiction was created and defined by Art. 970a, V.A.C.S.

As a basis for its claims Kennedale contended that by reason of an apportionment agreement...

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