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  5. 779 S.W.2d 479 (1989)
 

SMITH v. WILLIAMS

No. 08-89-00133-CV.

779 S.W.2d 479 (1989)

Terry D. SMITH, Appellant, v. Judith Thomas WILLIAMS, et al., Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied November 8, 1989.

Attorney(s) appearing for the Case

Donald M. Hunt, Carr, Evans, Fouts & Hunt, Lubbock, for appellant.

John E. Westbrook, Midland, Dan G. Young, McCleskey, Barriger, Brazill & Graf, Lubbock, for appellees.

Before OSBORN, C.J., and FULLER and WOODARD, JJ.

OPINION

FULLER, Justice.

Appellant appeals from the granting of summary judgments to several Appellees. We affirm.

FACTS

In 1971, Appellant, Terry D. Smith, purchased three tracts of land.

(1) A four-acre tract on which was situated the Wolcott Gin (which we shall refer to as Tract # 1); and (2) A 3.44-acre tract across the road from the gin (Tract # 2 and the only tract involved in this litigation); and (3...

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