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STATE v. UPSHUR RURAL ELECTRIC COOPERATIVE CORP.

No. A-5884.

298 S.W.2d 805 (1957)

The STATE of Texas ex rel. SOUTHWESTERN GAS AND ELECTRIC COMPANY et al., Petitioners, v. UPSHUR RURAL ELECTRIC COOPERATIVE CORPORATION et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 13, 1957.

Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., Burnell Waldrep, William W. Guild, Will D. Davis, Asst. Attys. Gen., for State.

George Prendergast, Marshall, Arnold & Arnold, Texarkana, Looney, Clark & Moorhead, Austin, for Southwestern Gas & Electric Co. and others.

Dan Moody, Austin, Fulton, Hancock & McClain, Gilmer, Powell, Wirtz, Rauhut & McGinnis, William A. Brown, Austin, for respondent Upshur Rural Electric Coop. and others.

M. E. Blackburn, Jr., Junction, Bryan Bradbury, Abilene, G. C. Butler, Bonham, L. B. Dawson, Corsicana, Ernest L. Langley, Hereford, Bascom Perkins, Mt. Pleasant, Francis Richter, Hondo, for intervenor respondents.

HICKMAN, Chief Justice.

By ordinances enacted in 1949, 1951, and 1953 the City of Gilmer annexed certain adjacent territory within which there were approximately twenty-five members of Upshur Rural Electric Cooperative Corporation, hereinafter referred to as Upshur Cooperative or as the Cooperative, who were receiving electric energy therefrom. In 1952 the City of Gilmer granted to Southwestern Gas and Electric Company, hereinafter referred to as Southwestern, a thirty...

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