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DYE TRUCKING COMPANY v. MILLER

No. 11341.

397 S.W.2d 507 (1965)

DYE TRUCKING COMPANY, Appellant, v. Walter A. MILLER et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 5, 1966.

Attorney(s) appearing for the Case

Dan Felts, Dean Moorhead, Austin, for appellant.

White, McElroy & White, Dallas, Small, Small & Craig, C. C. Small, Jr., James, Robinson & Starnes, Phillip Robinson, Austin, Kelley, Looney, McLean & Littleton, Edinburg, Clark, Thomas, Harris, Denius & Winters, Jerry C. Prestridge, Austin, for appellees.

PHILLIPS, Justice.

This case presents the question of whether the term "batch cement," as used in a Specialized Motor Carrier Certificate held by Appellant Dye Trucking Company, permits the appellant to transport the commodity "bulk cement."

In the trial court appellant claimed that under the term "batch cement," as used in its certificate, it is fully entitled to transport bulk, dry cement, unmixed with water, sand or any other substance, the dry cement not...

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