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SMART v. TEXAS POWER & LIGHT CO.

No. 75-2874 Summary Calendar.

525 F.2d 1209 (1976)

Dr. Don M. SMART, Plaintiff-Appellant, v. TEXAS POWER AND LIGHT COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 25, 1976.

Attorney(s) appearing for the Case

S. L. Lewis, Dallas, Tex., for plaintiff-appellant.

Frank M. Ryburn, Jr., J. Dan Bohannan, David Thomas, Asst. Atty. Gen., Dallas, Tex., for D. Briscoe, and others.

John L. Hill, Atty. Gen., Austin, Tex., for defendants-appellees.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 25, 1976.

PER CURIAM:

Plaintiff-appellant challenges the constitutionality of that provision of the Texas "quick taking" condemnation law which forecloses a landowner who withdraws the money deposited in the registry of the court from thereafter contending that the taking was unlawful. Holding such law to be constitutional, we affirm the dismissal of plaintiff's other constitutional contentions and assertions...

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