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LOWER COLORADO RIV. AUTH. v. CITY OF SAN MARCOS

No. B-4663.

523 S.W.2d 641 (1975)

LOWER COLORADO RIVER AUTHORITY, Petitioner, v. CITY OF SAN MARCOS, Texas, Respondent.

Supreme Court of Texas.

May 7, 1975.

Attorney(s) appearing for the Case

Small, Craig & Werkenthin, C. C. Small, Jr. and Lawrence S. Smith, Austin, for petitioner.

McGinnis, Lochridge & Kilgore, James W. Wilson, Austin, for respondent.

WALKER, Justice.

The opinion delivered in this case on December 11, 1974, is withdrawn, and the following is substituted therefor:

This suit was brought by the City of San Marcos against the Lower Colorado River Authority to obtain: (1) a judgment declaring that San Marcos has power to regulate the rates charged by LCRA for the sale of electricity at retail within the city limits and that resolutions of LCRA's Board of Directors increasing rates were void...

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