McCullough v. Producers Gas Co.

OPINION

JAMES, Justice.

This is a condemnation suit in which Plaintiff/Condemnor Producers Gas Company dismissed its condemnation proceedings and refiled condemnation proceedings covering identical lands. Defendants/Con-demnees Hager H. McCullough, et al., moved for allowances of attorney’s fees, appraiser’s fees and other expenses pursuant to Subdivision 6, Article 3265, Vernon’s Annotated Texas Civil Statutes, which the trial court denied in rendering judgment for Plaintiff/Condemnor.

During the summer of 1979, Plaintiff’s agents contacted Mackie Lee McCullough, one of Defendants/Condemnees,…