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SOUTHWESTERN GAS AND ELECTRIC COMPANY v. CITY OF GILMER, TEXAS

No. 15381.

224 F.2d 794 (1955)

SOUTHWESTERN GAS AND ELECTRIC COMPANY, Appellant, v. The CITY OF GILMER, TEXAS, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 29, 1955.

Attorney(s) appearing for the Case

Richard L. Arnold, Texarkana, Ark., George Prendergast, Marshall, Tex., for appellant.

William A. Brown, Austin, Tex., Edwin M. Fulton, Gilmer, Tex., Dan Moody, Austin, Tex., Fulton, Hancock & McClain, Gilmer, Tex., Powell, Wirtz, Rauhut & McGinnis, Austin, Tex., for appellees.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

HUTCHESON, Chief Judge.

Appellant, plaintiff below, is a public utility engaged in the distribution and sale of electric power in the City of Gilmer, where it enjoys a thirty year franchise granted by the City, and in other places in the State.

The appellees, defendants below, are the City of Gilmer, Texas, and the Up-shur Rural Electric Cooperative Corporation.

Alleging: that Art. 1528b of the Revised Civil Statutes of Texas, Vernon's Ann.Civ.St....

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