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STATE v. WINDHAM

No. B14-89-01052-CV.

803 S.W.2d 340 (1990)

The STATE of Texas, Appellant, v. Jerry WINDHAM and Frank Thurmond, Appellees.

Court of Appeals of Texas, Houston (14th Dist).

November 1, 1990.

Attorney(s) appearing for the Case

Mark Heidenheimer, Austin, for appellant.

A.W. Davis and Vaughan E. Waters, Bryan, for appellees.

Before ROBERTSON, SEARS and DRAUGHN, JJ.

MAJORITY OPINION

ROBERTSON, Justice.

The state condemned, for the widening of Highway 6, a strip of appellees' land 110 feet in depth for a distance of 837.3 feet, totalling 2.12 acres. This condemned acreage was a part of a 19 acre tract owned by the appellees. The special commissioners awarded $60,250 and the state deposited such sum with the clerk of the court. Appellees appealed to the county court and withdrew...

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