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BILLINGS v. CONCORDIA HERITAGE ASS'N

No. 08-96-00256-CV.

960 S.W.2d 688 (1997)

John BILLINGS, Don R. Finch and Donald Hoffman, Appellants, v. CONCORDIA HERITAGE ASSOCIATION, INC. and E.C. Spellman, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled July 16, 1997.

Attorney(s) appearing for the Case

F. E. Billings, Billings & Solomon, Houston, for Appelants.

Christopher R. Johnston, Victor F. Poulos, J. Morgan Broaddus, III, El Paso, for Appellees.

Before BARAJAS, C.J., and LARSEN and CHEW, JJ.

OPINION

BARAJAS, Chief Justice.

This is an appeal from a permanent injunction prohibiting descendants of notorious old west gunslinger, John Wesley Hardin, from disinterring his remains from El Paso's historic "boothill." We reverse and remand.

I. SUMMARY OF THE EVIDENCE

A. Out in the West Texas Town of El Paso

The record in the instant case, as supported by various historical accounts, reflects that John Wesley Hardin...

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