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MEEK v. SMITH

No. 09-98-090 CV.

7 S.W.3d 297 (1999)

Everitt E. MEEK and Donna Raye Meek, Appellants, v. Robert E. SMITH, County Judge of San Jacinto County, as substitute trustee, Gene Leviness and Eldon Hues, individually and as officers of the Coley Creek Cemetery Association, Appellees.

Court of Appeals of Texas, Beaumont.

Decided December 2, 1999.

Attorney(s) appearing for the Case

E.R. Norwood, Karen McNair, Taylor & Norwood, Liberty, for appellant.

Robert F. Atkins, Coldspring, for appellee.

Before WALKER, C.J., BURGESS and STOVER, JJ.

OPINION

RONALD L. WALKER, Chief Justice.

This appeal seeks a declaration from this Court that Tex. Health & Safety Code Ann. § 711.041 (Vernon Supp.2000) is unconstitutional as violative of the Due Process Clause of the Fourteenth Amendment of the United States Constitution,1 and as violative of Tex. Const. art. I, §§ 17 & 19. Appellees instituted the lawsuit in an effort to get the trial court to grant...

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