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RAILROAD COM'N OF TEXAS v. SOUTHERN PACIFIC CO.

No. 11743.

454 S.W.2d 853 (1970)

RAILROAD COMMISSION OF TEXAS et al., Appellants, v. SOUTHERN PACIFIC COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 10, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Pat Bailey, Acting Executive Asst. Atty. Gen., Thomas F. Sedberry and James M. Mabry, Asst. Attys. Gen., Austin, for appellants.

McKay & Avery, Denman Moody, Jr., John J. McKay, Austin, Baker, Botts, Shepherd & Coates, Edwin N. Bell, Houston, for appellee.

O'QUINN, Justice.

Southern Pacific Company (now merged into Southern Pacific Transportation Company) filed an application with the Railroad Commission seeking authority to discontinue its existing agency at Navasota, Texas, retire the depot, and change the applicable tariffs to show Navasota as a non-agency station.

By an order entered September 5, 1968, the Railroad Commission denied the application.

Southern Pacific filed suit in Travis County under...

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