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  5. 380 S.W.2d 687 (1964)
 

CITY OF ATHENS v. GULF STATES TELEPHONE CO.

No. 30.

380 S.W.2d 687 (1964)

The CITY OF ATHENS et al., Appellants, v. GULF STATES TELEPHONE COMPANY, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 11, 1964.

Second Rehearing Denied June 30, 1964.

Attorney(s) appearing for the Case

John W. Key, Jr., Life, Bolding & Key, Athens, Garland F. Smith, Smith, McIlheran & Jenkines, Weslaco, for appellants.

Jack Binion and Richard B. Mayor, Butler, Binion, Rice & Cook, Houston, William H. Kugle, Jr., Athens, for appellee.

SELLERS, Justice.

This is a telephone company rate case brought by the Gulf States Telephone Company against the City of Athens, Texas, its Mayor and Members of its City Council in the District Court of the Third Judicial District of Henderson County. The Telephone Company seeks to permanently enjoin the City of Athens from enforcing a schedule of local rates adopted by the City Council in Ordinances dated September 8, 1961, and July 30, 1962.

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