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  5. 593 S.W.2d 401 (1980)
 

STATE DEPT. OF HIGHWAYS & PUBLIC TRANSPORTATION v. ELKINS LAKE, ETC.

No. A2216.

593 S.W.2d 401 (1980)

STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION et al., Appellants. v. ELKINS LAKE MUNICIPAL UTILITY DISTRICT et al., Appellees.

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

January 9, 1980.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., John W. Fainter, Jr., First Asst. Atty. Gen., Ted L. Hartley, Executive Asst. Atty. Gen., Watson C. Arnold, Alvin K. James, Asst. Attys. Gen., Tom Cunningham, Fulbright & Jaworski, Houston, for appellants.

F. Hastings Pannill, Sr., Pannill & Morgan, Huntsville, for appellees.

Before BROWN, C. J., and MILLER and PRESSLER, JJ.

J. CURTISS BROWN, Chief Justice.

This is an appeal by the State Department of Highways and Public Transportation and other named parties (appellants) from an order granting a mandatory temporary injunction directing appellants to file condemnation proceedings relating to certain portions of property owned by Elkins Lake Municipal Utility District and Elkins Lake Recreation Corporation (appellees).

In 1977 Austin Bridge Construction Company, appellants' agent...

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