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TCA BLDG. CO. v. NORTHWESTERN RESOURCES

No. 10-94-317-CV.

890 S.W.2d 175 (1994)

TCA BUILDING COMPANY, INC., Appellant, v. NORTHWESTERN RESOURCES COMPANY, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 4, 1995.

Attorney(s) appearing for the Case

G. Allen Price, Michael A. McLaughlin, Houston, for appellant.

Shannon H. Ratliff, C. Morris Davis, Don H. Magee & Karen L. Watkins, McGinnis, Lochridge & Kilgore, L.L.P., Austin, James N. Parsons, Parsons & Thorn, Palestine, for appellees.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

THOMAS, Chief Justice.

This is an accelerated appeal of an order denying a temporary injunction. See TEX. R.APP.P. 42(a)(1). Northwestern Resources Company (Northwestern) operates the Jewett Mine that supplies lignite fuel for Houston Lighting & Power Company's (HL & P) power generating plant in Limestone County. TCA Building Company, Inc. (TCA) owns a 107-acre tract in Freestone County that lies within the boundaries of the Jewett...

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