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CITY OF HOUSTON v. FT. WORTH & DENVER RY. CO.

No. 17057.

561 S.W.2d 22 (1977)

The CITY OF HOUSTON, Appellant, v. FORT WORTH AND DENVER RAILWAY COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 19, 1978.

Attorney(s) appearing for the Case

Otis H. King, City Atty., Fred R. Spence, Jr., Senior Asst. City Atty., Houston, for appellant.

Andrews, Kurth, Campbell & Jones, Wm. H. Tenison, Jr., Houston, for appellee.

PEDEN, Justice.

The City of Houston appeals from the dismissal of its application for an injunction to order the railroad to relocate its telegraph lines at the City's expense to allow enough clearance for putting a new street across the railroad's tracks. The City also brought, in the alternative, an action in eminent domain for a temporary easement to enter the railroad's right-of-way to relocate the telegraph lines. The trial court sustained the railroad's plea...

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