RAILROAD COMMISSION v. HOUSTON NATURAL GAS CORP.

No. A-5557.

289 S.W.2d 559 (1956)

RAILROAD COMMISSION of Texas et al., Petitioners, v. HOUSTON NATURAL GAS CORPORATION, Respondent.

Supreme Court of Texas.

As Modified on Denial of Rehearing May 9, 1956.


Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., Mert Starnes, Asst. Atty. Gen., and C. K. Richards, Austin, A. Guy Crouch, City Atty., Alvin, for appellants.

Fulbright, Crooker, Freeman, Bates & Jaworski, Hugh Q. Buck, Leon Jaworski, L. Keith Simmer, Jackson C. Hinds, Jr., and Jefferson D. Giller, Houston, Looney, Clark & Moorhead, Everett Looney and R. Dean Moorhead, Austin, for appellee.


WILSON, Justice.

The problem here is to give the capital invested in public utilities the attributes of property protected by constitutional due process in a situation where there is in fact generally no competition, no true barter and sale, and the business operates under governmental regulation. During the last three-quarters of a century the judicial effort to cast this problem in legal terms which will meet the test of confiscation under the Federal Due Process...

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