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PUBLIC UTILITY COM'N v. CITY OF COAHOMA

No. 8476.

610 S.W.2d 528 (1980)

PUBLIC UTILITY COMMISSION OF TEXAS et al, Appellants, v. CITY OF COAHOMA, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 12, 1980.

Attorney(s) appearing for the Case

J. Scott Wilson, Asst. Atty. Gen., Austin, Lyndon Olson, Waco, for appellants.

Pamela M. Giblin, Austin, for appellee.

DIES, Chief Justice.

Our original opinion is withdrawn, and we substitute the following:

We review a suit filed by the City of Coahoma, as plaintiff below, to set aside an order of the Public Utility Commission (hereafter PUC), a state administrative agency created by Tex.Rev.Civ.Stat.Ann. art. 1446c (1980), defendant below.

It is undisputed that since 1955 Coahoma has been providing water service not only to residents in the City but also outside...

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