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SOUTH PLAINS LAMESA RR. v. HIGH PLAINS

No. 07-00-0089-CV.

52 S.W.3d 770 (2001)

SOUTH PLAINS LAMESA RAILROAD, LTD. and Kitten Family Living Trust, Appellants, v. HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, Appellee.

Court of Appeals of Texas, Amarillo.

April 17, 2001.

Attorney(s) appearing for the Case

William R. Power, Arlington, Leonard J. Kolanowski III, Keller, for appellant.

McWhorter Cobb & Johnson LLP (Gary R. McLaren), Lubbock, for appellee.

Before BOYD, C.J., and QUINN and REAVIS, JJ.

ON MOTION FOR REHEARING

REAVIS, Justice.

On original submission, we reversed and rendered in part and severed and remanded in part for further proceedings. High Plains Underground Water District No. 1 (District) has now filed a motion for rehearing. We overrule the motion, but withdraw our original opinion of January 25, 2001 and, in lieu thereof, issue the following opinion. Our judgment of January 25, 2001 is unaffected.

By this appeal,...

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