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CITY OF EL PASO v. PUBLIC UTILITY COM'N

No. 12971.

584 S.W.2d 545 (1979)

CITY OF EL PASO, Texas, et al., Appellants, v. PUBLIC UTILITY COMMISSION of Texas, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 25, 1979.

Attorney(s) appearing for the Case

Larry A. Baskind, Diamond, Rash, Leslie & Smith, El Paso, for appellants.

Mark White, Atty. Gen., Joyce Beasley, Asst. Atty. Gen., Austin, for Public Utility Commission.

David H. Wiggs, Jr., Michael D. McQueen, Kemp, Smith, White, Duncan & Hammond, El Paso; and Barry K. Bishop, Clark, Thomas, Winters & Shapiro, Austin, for El Paso Elec. Co.

O'QUINN, Justice.

From judgment of the district court approving in substantial part an order of the Public Utility Commission under which the El Paso Electric Company was granted a rate increase, the City of El Paso and the City of Anthony, municipalities served by the electric company, have appealed and bring two points of error.

Appellants contend that (1) it was error to affirm action of the Commission by which $306,899.00 of electric plant held for future...

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