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SMITH v. GULF STATES UTILITIES CO.

No. A2748.

616 S.W.2d 300 (1981)

Robert Lee SMITH, et ux., Appellants, v. GULF STATES UTILITIES COMPANY, Appellee.

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

Rehearing Denied April 29, 1981.

Attorney(s) appearing for the Case

Robert L. Burns, Sears & Burns, Houston, for appellants.

Paul W. Gertz, Orgain, Bell & Tucker, Beaumont, Charles S. Davis, Davis, Durham & Canon, Huntsville, for appellee.

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

JUNELL, Justice.

This is an appeal from an order denying an application for a temporary injunction. The appellants, Mr. and Mrs. Smith, sought an order enjoining appellee, Gulf States Utilities Company, ("Gulf States") from proceeding under the authority of Tex.Rev. Civ.Stat.Ann. art. 3264 (Vernon 1968) to enter upon and take possession of certain land owned by the Smiths and from excavating and clearing trees and vegetation, from erecting structures, and from making...

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