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TEXAS WATER COM'N v. LINDSEY

No. 09-91-300 CV.

850 S.W.2d 183 (1992)

TEXAS WATER COMMISSION, Appellant, v. P.E. LINDSEY, F.M. Martindale, and Jack Martindale, Appellees.

Court of Appeals of Texas, Beaumont.

As Corrected October 21, 1992.

Attorney(s) appearing for the Case

Brian J. Zwit, Asst. Atty. Gen., Environmental Protection Div., Austin, for appellant.

John D. Stover, Austin, Richard C. Hile, Tonahill, Hile, Leister & Jacobellis, Jasper, for appellees.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

WALKER, Chief Justice.

This appeal results from a lawsuit filed by P.E. Lindsey, F.M. Martindale and Jack Martindale, appellees, against the Texas Water Commission (TWC), appellant. Suit was filed in the 1st Judicial District Court in and for Jasper County, Texas, Judge Joe Bob Golden, presiding.

Appellees tell us that their original suit is a suit for declaratory judgment, however, we view Plaintiffs' Original Petition as more of a request...

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