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CITY OF MANVEL v. TEXAS DEPT. OF HEALTH RESOURCES

No. 8132.

573 S.W.2d 825 (1978)

CITY OF MANVEL, Appellant, v. TEXAS DEPARTMENT OF HEALTH RESOURCES and City of Pearland, Texas, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied September 7, 1978.

Attorney(s) appearing for the Case

Paul Gosselink, Asst. Atty. Gen., Austin, Eugene J. Pitman, Houston, for appellant.

Sam Graham, Austin, Sears and Burns, C. Charles Dippel, Houston, for appellees.

CLAYTON, Justice.

Our prior opinion in this cause is withdrawn, and this opinion is substituted in lieu thereof.

Appellant, City of Manvel, filed suit in the district court of Travis County against the Texas Department of Health Resources (hereinafter referred to as Department) and the City of Pearland, appealing from the administrative order of the Department granting the City of Pearland a permit to operate a sanitary landfill within the corporate limits...

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