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BURCH v. B. N. NABORS EXCAVATING & DEMOLITION, INC.

No. 17053.

447 S.W.2d 240 (1969)

J. C. BURCH et al., Appellants, v. B. N. NABORS EXCAVATING & DEMOLITION, INC., et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied November 21, 1969.

Attorney(s) appearing for the Case

Pat Coon, Dallas, for appellants.

Jack Barton, City Atty., W. Ralph Mann, Asst. City Atty., and George Hopkins, Denton, for appellees.

OPINION

MASSEY, Chief Justice.

The question to be determined on appeal, simply stated, is whether the City of Denton, hereinafter termed defendant, rightfully received the summary judgment obtained, granting declaratory relief against J. C. Burch and R. B. Shannon, hereinafter termed plaintiffs. We have concluded that the summary judgment received by the aforesaid city is to be affirmed.

In 1925 defendant's predecessor in title desired to build a...

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