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GUETERSLOH v. STATE

No. 03-95-00626-CV.

930 S.W.2d 284 (1996)

M.F. GUETERSLOH, Jr., Appellant, v. The STATE of Texas, The Public Utility Commission, The Texas Water Commission, The City of Lubbock, and James Miller, Receiver of the Carlisle Water Supply Company, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 30, 1996.

Attorney(s) appearing for the Case

Marilyn Phelan, Lubbock, for Appellant.

Jeff Hartsell, City of Lubbock, Office of the City Attorney, Lubbock, Dan Morales, Attorney General, James Todd, Assistant Attorney General, General Litigation Division, Austin, for Appellees.

Before POWERS, JONES and B.A. SMITH, JJ.

JONES, Justice.

Appellant, M.F. Guetersloh, Jr., sued the State of Texas, the Public Utility Commission, the Texas Water Commission,1 the City of Lubbock, and James Miller, Receiver of the Carlisle Water Supply Company, appellees, asserting a takings claim under the Fifth and Fourteenth Amendments to the United States Constitution. The district court granted summary judgment against Guetersloh on the ground that his federal takings claim...

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