No. 7873.

545 S.W.2d 843 (1976)

Robert A. NOEL et al., Appellants, v. The STATE of Texas ex rel. LUFKIN INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied January 20, 1977.

Attorney(s) appearing for the Case

W. D. Perkins, Lufkin, for appellants.

James R. Cornelius, Jr., Lufkin, for appellee.

KEITH, Justice.

The defendants below appeal from a judgment entered in a quo warranto proceeding which declared that the Town of Homer, in Angelina County, was not legally incorporated and that the individual defendants were not legal officers of said town.

This suit was brought by the State of Texas, acting through the District Attorney of Angelina County, on relation of Lufkin Industries, Inc. [hereinafter "Lufkin"], challenging the legality of the order...

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