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CITY OF PERRYTON v. HUSTON

No. 4375.

454 S.W.2d 435 (1970)

CITY OF PERRYTON, Texas, Appellant, v. Fred Crosby HUSTON et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 29, 1970.

Attorney(s) appearing for the Case

R. D. Lemon, Lemon, Close & Atkinson, Perryton, for appellant.

Richard Countiss, Linn, Helms & Countiss, Spearman, for appellees.

COLLINGS, Justice.

This suit was brought by Fred Crosby Huston and others, owners of Section 1187, Block 43, H. & T. C. Ry. Co. Survey in Ochiltree County, against the City of Perryton, seeking judgment for alleged permanent damage to plaintiffs' real property. The City constructed a drainage channel for the purpose of alleviating flooding conditions within its city limits, which channel empties into a natural draw approximately one-half mile from plaintiffs'...

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