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SOUTHWESTERN PUBLIC SERV. CO. v. PUBLIC UTILITY COMM.

No. 12882.

578 S.W.2d 507 (1979)

SOUTHWESTERN PUBLIC SERVICE COMPANY, Appellant, v. PUBLIC UTILITY COMMISSION of Texas et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 21, 1979.

Attorney(s) appearing for the Case

W. F. Countiss, Culton, Morgan, Britain & White, Amarillo, for appellant.

John L. Hill, Atty. Gen., J. Scott Wilson, Asst. Atty. Gen., Austin, for Public Utility Comm.

B. D. St. Clair, McGinnis, Lochridge & Kilgore, Austin, and Dale H. Johnson, McWhorter, Cobb & Johnson, Lubbock, for South Plains Elec. Co-op., Inc.

O'QUINN, Justice.

The principal issue in this lawsuit involves the disputed right of one or the other of two electric utilities, and the right of the City of Lubbock, to serve the inhabitants of an area comprising about 143 acres annexed by the City in November of 1976.

Prior to annexation, the disputed area, which South Plains Electric Cooperative, Inc., served exclusively from 1938 to 1976, had been certificated...

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