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BELL v. STATE DEPT. OF HIGHWAYS

No. 01-95-00007-CV.

902 S.W.2d 197 (1995)

Nathan E. BELL and Robert Williams, Jr., Appellants, v. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION and The State of Texas, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 29, 1995.

Attorney(s) appearing for the Case

Alton V. Williams, J.D., LaMarque, for appellants.

Dan Morales, Jorge Vega, LaQuita A. Hamilton, David A. Talbot, Jr., Rodney D. Parrott, Austin, for appellees.

Before MIRABAL, WILSON and COHEN, JJ.

OPINION

COHEN, Justice.

Appellants appeal from the denial of their motion for new trial attacking a summary judgment in favor of the appellees, hereafter "the State," declaring title to real property to be in the State. We reverse and remand.

The appellants alleged that on January 21, 1991, they possessed real estate located in Galveston County. On that date, the State "unlawfully entered upon and dispossessed the plaintiffs of this real property...

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