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RAILROAD COMMISSION v. OIL FIELD HAULERS ASS'N

No. 11102.

373 S.W.2d 394 (1963)

RAILROAD COMMISSION of Texas, Appellant, v. OIL FIELD HAULERS ASSOCIATION, INC., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

July 10, 1963.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Norman V. Suarez, Asst. Atty., Gen., Austin, Ralph W. Currie, Sp. Asst. Atty. Gen., Dallas, for appellant.

Clark, Thomas, Harris, Denius & Winters, James H. Keahey and Wallace McLean, Austin, Joe G. Fender, Houston, Callaway, Reed, Kidwell & Brooks, Dallas, for appellees.

HUGHES, Justice.

Oil Field Haulers Association, Inc. and its individual members have filed a second motion for rehearing in which they make the contention that since the appeal from the rate order of the Commission results in a de novo trial in the District Court that the rate order was suspended immediately upon the filing of the suit (appeal), and that for this reason alone the Trial Court properly enjoined its enforcement. In support of this contention they cite...

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