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STATE v. ROBERTS

No. 03-93-00639-CV.

882 S.W.2d 512 (1994)

The STATE of Texas, Appellant, v. John H. ROBERTS; Maxine Roberts; John Roberts Austin, Inc., D/B/A John Roberts' BMW of Austin, D/B/A John Roberts' Subaru, D/B/A Lexus of Austin, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 28, 1994.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Christian J. Gros, Asst. Atty. Gen., Transp. Div., Austin, for appellant.

John McClish, Womack & McClish, P.C., Austin, for appellees.

Before CARROLL, C.J., and KIDD and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

The Texas Department of Transportation ("the State") appeals from a summary judgment rendered by the trial court in a condemnation proceeding. The trial court awarded the condemnees, John H. Roberts, Maxine Roberts, and John Roberts Austin, Inc., d/b/a John Roberts' BMW of Austin, d/b/a John Roberts' Subaru, d/b/a Lexus of Austin (collectively "the Robertses"), $1,385,000 plus costs and post-judgment...

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