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GULF REFINING v. A. F. G. MANAGEMENT 34 LTD.

No. A2414.

605 S.W.2d 346 (1980)

GULF REFINING COMPANY, Appellant, v. A. F. G. MANAGEMENT 34 LIMITED et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied September 10, 1980.

Attorney(s) appearing for the Case

Susan R. Sewell, O. Gordon Oldham, Houston, for appellant.

William H. White, Margaret Pollard, William H. White & Associates, Houston, for appellees.

Before BROWN, C. J., and PAUL PRESSLER, and JUNELL, JJ.

PAUL PRESSLER, Justice.

This is an appeal from a Summary Judgment in favor of the landowner, defendant, in a condemnation suit.

Appellant initiated eminent domain proceedings on March 17, 1978, as a common carrier pipeline company, seeking to condemn an easement and right of way for the construction and operation of a pipeline for the transportation of liquid hydrocarbons through realty owned by appellees. Appellant

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