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STATE v. HOUDAILLE INDUSTRIES, INC.

No. B2647.

617 S.W.2d 802 (1981)

STATE of Texas v. HOUDAILLE INDUSTRIES, INC., dba Houdaille-Duval-Wright.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 24, 1981.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Richard E. Gray, III, Exec. Asst. Atty. Gen., R. Lambeth Townsend, Asst. Atty. Gen., Jose Manuel Rangel, Asst. Atty. Gen., John W. Fainter, First Asst. Atty. Gen., James R. Meyers, Asst. Chief Atty. Gen., Austin, for appellant.

Robert A. Rowland, III, Houston, for appellee.

Before COULSON, MILLER and MURPHY, JJ.

COULSON, Justice.

This is an appeal by appellant, the State of Texas, from a summary judgment rendered in favor of appellee, Houdaille Industries, Inc. The State of Texas had sued Houdaille Industries under the Texas Motor Carrier Act. We affirm.

Appellee is a domestic corporation which manufactures concrete slabs for use in the construction industry. Appellee routinely employs motor vehicle common carriers to ship its products around the state. One such carrier...

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