SOUTHWESTERN ENGINEERING CO. v. PHILLIPS, PIPE LINE CO.

No. 8097.

566 S.W.2d 30 (1978)

SOUTHWESTERN ENGINEERING COMPANY et al., Appellants, v. PHILLIPS PIPE LINE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied April 27, 1978.


Attorney(s) appearing for the Case

C. L. Snow, Jr., R. C. Patterson, San Antonio, Max H. Jennings, Houston, for appellants.

R. E. Kelly, Jr., E. H. Brown, Houston, James B. Langham, San Antonio, amicus curiae.


KEITH, Justice.

The appeal is from a summary judgment overruling cross-defendants' plea of privilege. Since we have a confused record, a lengthy statement is necessary in order to place the appeal in proper perspective.

Sandige Construction Company, Inc. ("Sandige") contracted with Fort Bend Telephone Company ("Ft. Bend") to lay a telephone line and its attendant facilities in an underground trench along certain public roads and privately owned lands in Waller...

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