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TEXAS AIR CONTROL BD. v. TRAVIS COUNTY

No. 12075.

502 S.W.2d 213 (1973)

TEXAS AIR CONTROL BOARD et al., Appellants, v. TRAVIS COUNTY, Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 5, 1973.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen. of Tex., Mike Willatt, Asst. Atty. Gen., Austin, Will G. Barber, Howard v. Rose, Brown, Maroney, Rose, Baker & Barber, Austin, for appellants.

Ned Granger, County Atty., Roy Rutland, III, Asst. County Atty., Austin, for appellee.

SHANNON, Justice.

The question for decision is whether the district court of Travis County is empowered to enjoin the Texas Air Control Board from hearing an intra-agency appeal from the order of the Board's Executive Director. We are of the opinion that the district court is without that authority. Accordingly, we will reverse the judgment and remand the cause with instructions that it be dismissed without prejudice.

Appellants are the Texas Air Control Board...

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