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GARDNER v. CITY OF HAMILTON

No. 5528.

536 S.W.2d 422 (1976)

L. W. GARDNER, Jr., et ux., Appellants, v. CITY OF HAMILTON, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 20, 1976.

Attorney(s) appearing for the Case

Ben Sudderth, Commanche, for appellants.

James E. Crouch, Hamilton, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by L. W. Gardner, Jr., and wife from judgment decreeing the City of Hamilton, owner of a described 5.68 acre tract of land in Hamilton, Texas. Such judgment recites the City of Hamilton acquired ownership under its power of eminent domain, and required the City to deposit $9,806. into the registry of the court for the Gardners.

The Gardners as plaintiffs filed this suit to set aside an easement on...

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