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HARRIS CTY. FLOOD CONT. DIST. v. SHELL PIPELINE CORP.

No. 17287.

578 S.W.2d 495 (1979)

HARRIS COUNTY FLOOD CONTROL DISTRICT, Appellant, v. SHELL PIPELINE CORPORATION, Appellee.

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

Rehearing Denied March 22, 1979.

Attorney(s) appearing for the Case

Joe Resweber, County Atty., J. Robert Hobgood, Asst. County Atty., Houston, for appellant.

Vinson & Elkins, W. Allyn Hoaglund, Houston, for appellee.

WARREN, Justice.

The Harris County Flood Control District appeals from a judgment of the district court awarding damages to Shell Pipe Line Corporation for costs of relocating its pipelines in order to accommodate the reconstruction of a drainage ditch by appellant.

The ultimate question is whether appellee is entitled to damages for the expense of relocating its pipelines, but the primary questions are: (1) whether appellant's deepening of a drainage ditch...

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