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BELL STATIONS, INC. v. STATE

No. 12981.

590 S.W.2d 227 (1979)

BELL STATIONS, INCORPORATED, Appellant, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 12, 1979.

Attorney(s) appearing for the Case

Tom H. Whiteside, Griffis & Griffis, San Angelo, for appellant.

Mark White, Atty. Gen., Jim Mathews, Asst. Atty. Gen., Austin, for appellee.

SHANNON, Justice.

This appeal is from the order of the district court of Tom Green County striking the plea of privilege of appellant Bell Stations, Incorporated. The basis for the order was the court's conclusion that Tex. Water Code Ann. § 26.125(a) (Supp. 1978-79) is jurisdictional in nature and requires the complaining party to file suit in the county in which the violation of the Code occurred or in the county of the defendant's residence.

Appellee...

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