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STATE v. WIERGATE LUMBER CO., INC.

No. 8258.

582 S.W.2d 258 (1979)

STATE of Texas, Appellant, v. WIERGATE LUMBER COMPANY, INC., et al, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied June 7, 1979.

Attorney(s) appearing for the Case

J. Scott Wilson, Asst. Atty. Gen., Austin, for appellant.

John H. Seale, Jasper, for appellees.

CLAYTON, Justice.

The State of Texas, appellant, brought this suit against appellees, Robert Powell and Wiergate Lumber Company, Inc., to enforce the provisions of Tex.Rev.Civ.Stat. Ann. art. 911b (Vernon Supp. 1978), commonly known as the Texas Motor Carrier Act. The State sought civil penalties and an injunction under the provisions of Sec. 16(b) and 16(c) of Article 911b.

The State alleged that Robert Powell acted as a motor...

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