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STATE v. BRAINARD

No. 07-96-0231-CV.

968 S.W.2d 403 (1998)

The STATE of Texas, et alius, Appellants, v. E.H. BRAINARD, II, et al., Appellees.

Court of Appeals of Texas, Amarillo.

Opinion Overruling Rehearing May 5, 1998.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Austin, Jorge Vega, First Asst. Atty. Gen., LaQuita A. Hamilton, Deputy Atty. Gen., for Litigation, Hal R. Ray, Jr., Asst. Atty. Gen., Chief Natural Resources Div., Priscilla M. Hubenak, Mary A. Keeney, Asst. Attys. Gen.,. for appellants.

Michael V. Powell, Locke, Purnell, Rain and Harrell, Dallas, Jody Sheets, D. Clay Holcomb, Sheets & Holcomb, Amarillo, for appellees.

Before BOYD, C.J., REAVIS, J., and REYNOLDS, Senior Justice.

CHARLES L. REYNOLDS, Senior Justice (Retired).

The State of Texas and its General Land Office perfected this appeal to challenge a judgment by which the trial court summarily determined the boundaries of the Canadian River abutting certain described real properties located in Hutchinson and Roberts Counties and, accepting a jury verdict, assessed attorney's and surveyor's fees against the General Land Office. Because unresolved material fact issues preclude the summary...

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