SMART v. TEXAS POWER & LIGHT CO.

No. 75-3304 Summary Calendar.

525 F.2d 1211 (1976)

Dr. Scott SMART, Plaintiff-Appellant, v. TEXAS POWER AND LIGHT COMPANY et al., Defendants-Appellees, State of Texas, Intervenor.

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.

Robert E. Burns, Dallas, Tex., for defendants-appellees.

John L. Hill, Atty. Gen. of Texas, David R. Thomas, Asst. Atty. Gen., Dallas, Tex., for other interested parties.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 25, 1976.

PER CURIAM:

Plaintiff-appellant holds an undivided one-quarter interest in certain property subject to condemnation proceedings now pending before the Texas state courts. His interest was not recorded until two and one-half years after the commencement of the proceedings. Plaintiff in this suit challenges on constitutional and other grounds the state condemnation proceedings, to which he was not a party...

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