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FRIO CANYON TELEPHONE CO. v. CITY OF LEAKEY

No. 15415.

524 S.W.2d 812 (1975)

FRIO CANYON TELEPHONE COMPANY, Appellant, v. The CITY OF LEAKEY et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

June 25, 1975.

Attorney(s) appearing for the Case

Jerold L. Schmidt, Dallas, for appellant.

Clemens, Weiss, Spencer & Welmaker, George H. Spencer, San Antonio, Kessler, Nichols & Harris, Uvalde, for appellees.

BARROW, Chief Justice.

This is a telephone-rate case. Company has duly perfected an appeal from the dismissal of its suit to enjoin City from enforcing the 1973 ordinance which fixed telephone rates in the City of Leakey. The sole question presented is whether appellant-Company had exhausted its administrative remedies before it brought this action against appellee-City and its City Council. The trial court concluded that the Company had not done so and sustained...

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