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PARKER v. DELCOURE

No. 17119.

455 S.W.2d 339 (1970)

Sam PARKER, Appellant, v. James Emitt DELCOURE et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 19, 1970.

Attorney(s) appearing for the Case

Nelson, Montgomery & Robertson, and David Tate, Wichita Falls, for appellant.

Johnson & Browning, and William V. Browning, Wichita Falls, for appellees.

OPINION

BREWSTER, Justice.

This was a class action brought by Sam Parker, the owner of Lots 11 through 15, inclusive, of Block 6 of Edgemere Heights Addition to the City of Wichita Falls, Texas, against five other owners of lots in said Addition, as representatives for all other persons owning property in the Addition.

The case was tried before the trial court without a jury upon an agreed statement of facts, as provided for by Rule 263, Texas Rules...

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