No. 12454.

545 S.W.2d 198 (1976)

RAILROAD COMMISSION of Texas et al., Appellants, v. MERCHANTS FAST MOTOR LINES, INC., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 26, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., John D. Hughes, Asst. Atty. Gen., Austin, for Railroad Commission of Texas.

Austin L. Latchell, Lanham, Hatchell & Sedberry, Austin, and Rogers, Hughes & Herman, Austin, for appellant Morgan Express, Inc.

Phillip Robinson, Robinson, Felts, Starnes & Nations, Austin, and Jerry Prestridge, Clark, Thomas, Winters & Shapiro, Austin, for appellees.

SHANNON, Justice.

This opinion concerns an appeal from an order of the Railroad Commission to the district court of Travis County. The main questions are whether the Administrative Procedure and Texas Register Act, Tex.Civ. Stat.Ann. art. 6252-13a (1975) was applicable to the case, and if so, whether the district court erred in not remanding the cause to the agency for further proceedings. The Act took affect on January 1, 1976.

Appellants are the Railroad...

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