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RUSSELL v. CITY OF BRYAN

No. C14-89-01071-CV.

797 S.W.2d 112 (1990)

Michele RUSSELL, William S. Thornton, Billy M. Payne, John Webb Lawrence, Ann Lawrence and William T. Dorman, Appellants, v. CITY OF BRYAN and North Central Oil Corporation, Appellees.

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

Rehearing Denied October 4, 1990.

Attorney(s) appearing for the Case

Bill Payne, Bryan, for appellants.

Edward Conley, Houston, Ernest V. Bruchez, Patricia E. Meronoff, John E. Hawtrey, Bryan, W.T. Dorman, Houston, for appellees.

Before PAUL PRESSLER, CANNON and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

This appeal arises from the grant of a summary judgment in favor of the City of Bryan and North Central Oil Corporation in a suit for declaratory judgment to determine the parties' interests in a tract of land located within the City. Because there is a factual issue as to whether the grantor intended his dedication by deed to convey a fee simple, or some lesser estate, summary judgment was improperly granted. The judgment...

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