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CITY OF GALLATIN v. CHEROKEE COUNTY

No. 1426.

615 S.W.2d 321 (1981)

The CITY OF GALLATIN, Appellant, v. CHEROKEE COUNTY, Texas, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied May 21, 1981.

Attorney(s) appearing for the Case

A. D. Henderson, John Davis, Palestine, for appellant.

Charles R. Holcomb, County Atty., Rusk, for appellee.

McKAY, Justice.

This is an appeal from the denial of temporary injunction sought by appellant City of Gallatin (city) to enjoin appellee Cherokee County (county) from violating two city ordinances.

The pertinent events leading up to this lawsuit are adequately described in the trial court's findings of fact, which we recite in part:

(1) On October 31, 1979, the Texas Department of Health issued Permit No. 1288 to Cherokee County, Texas, for the establishment...

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