COMM'RS COURT OF HARRIS CNTY v. PEOPLES NAT. UT. CO.

No. 1416.

538 S.W.2d 228 (1976)

COMMISSIONERS COURT OF HARRIS COUNTY, Texas, Appellant, v. PEOPLES NATIONAL UTILITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 30, 1976.


Attorney(s) appearing for the Case

Joe Resweber, County Atty., Michael R. Davis, Asst. County Atty., Houston, for appellant.

John L. Hill, Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Austin, David M. Bragg, John S. Teutsch, Asst. Attys. Gen., amicus curiae.

William A. Olson, Olson & Olson, B. Jeff Bratton, Foster, Bratton, Golden & Kelley, Houston, for appellee.


CIRE, Justice.

This is an appeal from an order granting a temporary injunction. Appellee Peoples National Utility Company brought suit under the Declaratory Judgments Act, Tex. Rev.Civ.Stat.Ann. art. 2524-1, asking the district court to declare that Tex.Rev.Civ. Stat.Ann. art. 2372q-1 is constitutionally invalid or, in the alternative, that the statute is inapplicable to appellee. On the basis of its finding of a reasonable probability that the statute is unconstitutional...

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