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HERRIN PETROLEUM, ETC. v. R. R. COM'N OF TEX.

No. 6290.

619 S.W.2d 588 (1981)

HERRIN PETROLEUM TRANSPORT EQUIPMENT CORP., et al., Appellants, v. RAILROAD COMMISSION OF TEXAS, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied August 20, 1981.

Attorney(s) appearing for the Case

Joe T. Lanham, Thomas F. Sedberry, Lanham, Hatchell, Sedberry & Hoffman, Austin, for appellants.

Mark White, Atty. Gen., John W. Fainter, Jr., First Asst. Atty. Gen., J. David Hughes, James R. Meyers, Phyllis B. Schunck, Asst. Attys. Gen., Timothy K. Mashburn, Robinson, Felts, Meyers, Starnes & Latting, Charles E. Munson, Jr., Doherty, Birnbaum & Munson, Austin, for appellees.

OPINION

McDONALD, Chief Justice.

This is an appeal by Herrin and Schwerman1 from judgment of the trial court affirming an order of the Railroad Commission cancelling the "dry commodities" portion of Herrin's Specialized Motor Carrier Certificate No. 7393, on the grounds of dormancy.

In July 1978 Herrin contracted to sell Schwerman that portion of its Certificate No. 7393 which authorized the hauling of dry commodities...

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