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STATE v. ROTELLO

No. C-2816.

671 S.W.2d 507 (1984)

The STATE of Texas, Petitioner, v. Tom ROTELLO et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied July 11, 1984.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., William T. Palmer, Asst. Atty. Gen., Austin, for petitioner.

Sears & Burns, J. Mark Breeding, Houston, for respondents.

BARROW, Justice.

On August 7, 1969, Tom Rotello and wife filed suit against the State of Texas seeking damages for inverse condemnation relating to the flooding of their land and also seeking an injunction.

In 1972, the case was dismissed for want of prosecution, but this dismissal was reversed and the case was remanded for trial. See Rotello v. State, 492 S.W.2d 347 (Tex. Civ.App.—Houston [1st Dist.]),

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