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SOUTHWESTERN BELL TEL. CO. v. CITY OF PORT ARTHUR

No. 7434.

491 S.W.2d 187 (1973)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellants, v. CITY OF PORT ARTHUR, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied March 1, 1973.

Attorney(s) appearing for the Case

Sears & Burns, Houston, John Tucker, Orgain, Bell & Tucker, Beaumont, for appellants.

Fuller, Fuller & McPherson, George Wikoff, City Atty., Port Arthur, for appellee.

DIES, Chief Justice.

The City of Port Arthur, a home rule city, brought suit against Southwestern Bell Telephone Company for a declaratory judgment that its Ordinance No. 71-92, adopted November 11, 1971, is valid. From a summary judgment in favor of City, Telephone Company perfects this appeal.

Both parties stipulate that "the only issues in this lawsuit involving Ordinance No. 71-92 ... pertain solely to the interpretation and validity of Section 4 thereof...

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