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PUBLIC UTILITY COMMISSION v. CITY OF SHERMAN

No. 13453.

632 S.W.2d 624 (1981)

PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellants, v. CITY OF SHERMAN, Texas, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied April 28, 1982.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Leon J. Barish, Asst. Atty. Gen., Austin, for Public Utility Commission of Texas.

John W. Ellis, Jr., Brown, Hill, Ellis & Brown, Sherman, for Luella Water Supply Corp.

Gregory D. Humbach, City Atty., Sherman and Mr. Skip Newsom, Booth, Lloyd & Simmons, Austin, for City of Sherman, Texas and The Greater Texoma Municipal Utility Dist.

POWERS, Justice.

Luella Water Supply Corporation (Luella) is a public utility. It is regulated by the Public Utility Commission of Texas and operates under a certificate of public convenience and necessity issued by that agency. The corporation furnishes water to the City of Luella, Texas under a "franchise agreement" with that municipality. The City of Sherman, Texas operates its own municipal water system. Luella complained to the Commission that the City of Sherman...

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