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SCHWARZ v. STATE

No. C-2592.

703 S.W.2d 187 (1986)

H.D. SCHWARZ, Jr., et al., Petitioners, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

Rehearing Denied February 19, 1986.

Attorney(s) appearing for the Case

Fitzhugh H. Pannill, Jr., Kathy Butler, Hastings Pannill, Austin & Arnett, Fred A. Lange, Houston, for petitioners.

Jim Mattox, Atty. Gen., J. Milton Richardson and Ben F. McDonald, Jr., Asst. Attys. Gen., Austin, for respondent.

Garry Mauro, Com'r of the Gen. Land Office, Bob Armstrong, Ralph W. Yarborough, Austin, for General Land Office of Texas.

ON MOTION FOR REHEARING

WALLACE, Justice.

We grant the motion for rehearing, withdraw the opinion and judgment of June 12, 1985, and substitute this opinion.

This is a case to determine the title to coal and lignite under two tracts of land, formerly owned by the State of Texas, which total approximately 817 acres. In 1979, Schwarz filed a declaratory judgment action against the State of Texas and asserted title to the coal and lignite. Both parties...

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