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FT. WORTH & DENVER RY. v. CITY OF HOUSTON

No. B14-83-641CV.

672 S.W.2d 299 (1984)

FT. WORTH & DENVER RAILWAY COMPANY, Appellant, v. CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Houston Fourteenth District.

Rehearing Denied June 14, 1984.

Attorney(s) appearing for the Case

William H. Tension, Jr., Carla Powers Dykes, Andrews & Kurth, Houston, for appellant.

Fred R. Spence, Sr. Asst. City Atty., Houston, for appellee.

Before PAUL PRESSLER, ROBERTSON and ELLIS, JJ.

OPINION ON MOTION FOR REHEARING

PAUL PRESSLER, Justice.

On April 15, 1984, this Court handed down an opinion in this cause. On motion for rehearing, this Court now withdraws its original opinion and substitutes a new opinion therefor.

Appellee sued to condemn a portion of a right-of-way of appellant north of Watonga Boulevard in Harris County. The court originally dismissed the suit on a jurisdictional issue but the Court of Appeals reversed and...

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