CUSACK RANCH CORP. v. MIDTEXAS PIPELINE CO.

No. 13-00-247-CV.

71 S.W.3d 395 (2001)

CUSACK RANCH CORPORATION, Appellant, v. MIDTEXAS PIPELINE COMPANY, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled January 24, 2002.


Attorney(s) appearing for the Case

Richard Lee Mcelya, Attorney At Law, William David Noel, Attorney At Law, Angelton, for Appellant.

Thomas E. Sheffield, Attorney At Law, League City, for Appellee.

Before Chief Justice VALDEZ and Justices DORSEY and RODRIGUEZ.


OPINION

DORSEY, Justice.

MidTexas Pipeline Company brought a condemnation proceeding against Cusack Ranch Corporation in an effort to acquire a right of way through Cusack's property in which MidTexas planned to construct a pipeline. This is an appeal of a pre-trial summary judgment granted in favor of MidTexas.1 The issue presented here is, "Did MidTexas satisfy the jurisdictional requirement that it was unable to agree with...

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