Ruth Lewis Baber and Husband, Harvey Earl Baber v. Texas Utilities Company and Texas Power & Light Company

RIVES, Circuit Judge.

Appellee, Texas Power & Light Company, whose common voting stock is wholly owned by appellee, Texas Utilities Company, sought in the Texas state courts to condemn a right of way over appellants’ land for an electric transmission line. Appellants first refused to allow entry upon their land for the purpose of making a survey to secure an exact description of the proposed right of way, and such entry was enforced by injunction through the state courts. Lewis v. Texas Power & Light Co., Tex.Civ.App., 276 S.W.2d 950. The condemnation proceedings now pending in the state…