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TEXAS MUNICIPAL POWER AGENCY v. BERGER

No. 17595.

600 S.W.2d 850 (1980)

TEXAS MUNICIPAL POWER AGENCY, Appellant, v. Tony R. BERGER et al., Appellees.

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

March 27, 1980.

Attorney(s) appearing for the Case

Naman, Howell, Smith, Lee & Muldrow, P. C., Roy L. Barrett, Waco, for appellant.

Karl C. Hoppess, Warren G. King, Houston, Coulter T. Hoppess, Bryan, Latham Boone, III, Navasota, for appellees.

Before PEDEN, WARREN and EVANS, JJ.

EVANS, Justice.

This condemnation proceeding was initiated by the appellant, Texas Municipal Power Agency (TMPA). TMPA sought to condemn the surface of a tract of 28.304 acres in Grimes County owned by the appellees, Tony R. Berger and wife Marguerite Berger, and also the right to prevent the removal of minerals within 200 feet of the surface of the land. The jury found that the market value of the surface, together with all minerals, if any, located within 200 feet...

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