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PIERCE v. SOUTHERN PACIFIC COMPANY

No. 4583.

410 S.W.2d 801 (1967)

William T. PIERCE et ux., Appellants, v. SOUTHERN PACIFIC COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 26, 1967.

Attorney(s) appearing for the Case

Moore & McCarty, Ennis, for appellants.

W. T. Satterwhite, Ennis, Jackson, Walker, Winstead, Cantwell & Miller, D. L. Case, Dallas, Forrester Hancock, Waxahachie, for appellees.

OPINION

WILSON, Justice.

Plaintiff appeals from an order sustaining defendants' plea in abatement and dismissing the action on the ground plaintiff had no justiciable interest in the subject matter of the litigation. We affirm.

Plaintiff plead that in 1947 defendant Southern Pacific Company, as owner, dedicated a two-block area of its right-of-way in the City of Ennis for park purposes and as a public memorial to its employees who died in World War...

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