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MILLER v. RAILROAD COMMISSION

No. 10913.

353 S.W.2d 930 (1962)

Walter R. MILLER et al., Appellants, v. RAILROAD COMMISSION of Texas et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 21, 1962.

Attorney(s) appearing for the Case

Lanham & Hatchell, Austin, for appellants.

Will Wilson, Atty. Gen., Leon F. Pesek, Marvin Sentell, Asst. Attys. Gen., Albert G. Walker, Sr., Albert G. Walker, Jr., Austin, of counsel, for appellees.

ARCHER, Chief Justice.

This is an appeal from a judgment of the District Court upholding an order of the Railroad Commission granting a Certificate of Public Necessity and Convenience to Lively Trucking Contractors to transport certain named commodities as a specialized motor carrier over irregular routes on irregular schedules and within limited distances.

The appeal is founded on two points assigned as error and are as follows:

"Point No. 1: The...

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