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RIEDEL v. HOUSTON

No. 5506.

534 S.W.2d 937 (1976)

Odo J. RIEDEL et ux., Appellants, v. Reagan HOUSTON, III, Chairman of the Texas Highway Commission, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 8, 1976.

Attorney(s) appearing for the Case

Dobbins, Howard & Harris, San Antonio, for appellants.

John L. Hill, Joe D. Jarrard, Jr., Austin, for appellees.

OPINION

McDONALD, Chief Justice.

The question to be decided in this appeal is whether the action was properly dismissed as being a suit against the State of Texas without legislative consent.

Plaintiffs Riedel instituted suit against Reagan Houston, III, other members and the Engineer of the Texas Highway Commission, in their capacities as such; and the members of the Comal County Commissioners' Court, in their capacities as such, to enjoin defendants...

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