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ROADRUNNER INV., INC. v. TEXAS UTIL. FUEL CO.

No. 18061.

578 S.W.2d 151 (1979)

ROADRUNNER INVESTMENTS, INC., Appellant, v. TEXAS UTILITIES FUEL COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 15, 1979.

Attorney(s) appearing for the Case

Wilbur T. Knape, Bedford, for appellant.

Worsham, Forsythe & Sampels and Daniel W. McAllen, II, Dallas, for appellee.

OPINION

SPURLOCK, Justice.

Landowner sued Texas Utilities Fuel Company (TUFCO) to permanently enjoin TUFCO from trespassing on its property by operating a natural gas pipe line beneath the land's surface. The landowner claims that TUFCO's condemnation of this land was illegal because TUFCO is not a public utility with the power of eminent domain, and that the property was taken for private rather than public use. The trial court without a jury rendered a...

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