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CITY OF JACKSONVILLE v. ENTEX, INC.

No. 948.

538 S.W.2d 250 (1976)

CITY OF JACKSONVILLE, Appellant, v. ENTEX, INC., Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied July 8, 1976.

Attorney(s) appearing for the Case

Emerson Stone, Jr., Jacksonville, for appellant.

David Claflin, Entex, Inc., Houston, Gordon Thrall, Norman, Hassell, Spiers, Holland & Thrall, Jacksonville, for appellee.

McKAY, Justice.

The City of Jacksonville, appellant, brings this appeal from an adverse summary judgment rendered in favor of Entex, Inc., appellee.

The City of Jacksonville is a home rule city. Entex is a gas utility operating under a franchise from the City. Entex requested a rate increase which was approved by the City of ordinance on October 8, 1974. The City had employed a Dr. Jack Hopper, a rate consultant, to assist in the investigation of and hearing...

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