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  5. 578 S.W.2d 544 (1979)
 

COASTAL INDUS. WATER AUTH. v. CELANESE CORP. OF AMER.

No. 17290.

578 S.W.2d 544 (1979)

COASTAL INDUSTRIAL WATER AUTHORITY, Appellant, v. CELANESE CORPORATION OF AMERICA, Appellee.

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

Rehearing Denied March 29, 1979.

Attorney(s) appearing for the Case

Fred R. Spence, Asst. City Atty., Houston, for appellant.

Winters, Deaton, Briggs & Britton, Alfred L. Deaton, III, Houston, for appellee.

WALLACE, Justice.

This is an appeal from an order of dismissal of plaintiff's statement in a proceeding to condemn a permanent water-line easement.

After appellee timely filed objections to the commissioners' award it withdrew the amount of the award. Appellant then constructed an underground water line along the easement. Prior to trial, the court sustained special exceptions to the plaintiff's statement and, upon appellant's refusal to amend, dismissed plaintiff...

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