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UPSHUR-RURAL ELECTRIC COOP. CORP. v. STATE

No. 11252.

381 S.W.2d 418 (1964)

UPSHUR-RURAL ELECTRIC COOPERATIVE CORPORATION, Appellant, v. STATE of Texas ex rel. SOUTHWESTERN ELECTRIC POWER COMPANY, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 19, 1964.

Attorney(s) appearing for the Case

Powell, Rauhut, McGinnis, Reavley & Lochridge, Herring & Werkenthin, Austin, Hollie G. McClain, Gilmer, R. Dean Moorhead, Austin, for appellant.

Clark, Thomas, Harris, Denius & Winters, Austin, Arnold & Arnold, Texarkana, Ark., Baker, Botts, Shepherd & Coates, William R. Brown, Charles G. Thrash, Jr., Houston, for appellees.

PHILLIPS, Justice.

This is a proceeding in quo warranto wherein the State of Texas, on relation of Southwestern Electric Power Company, seeks to prevent Upshur-Rural Electric Cooperative Corporation from: (1) Constructing and operating its own plant for generating the electricity which it furnishes to its members. Upshur presently purchases all of its electricity from the Relator Southwestern Electric Power Company under a contract which will expire on January 11...

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