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RAILROAD COM'N OF TEXAS v. U. P. S., INC.

No. C-405.

629 S.W.2d 33 (1981)

RAILROAD COMMISSION OF TEXAS, et al., Petitioners, v. UNITED PARCEL SERVICE, INC., Respondent.

Supreme Court of Texas.

December 31, 1981.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Phyllis B. Schunck, Atty. Gen., Doherty & Munson, James M. Doherty, McGinnis, Lochridge & Kilgore, B. D. St. Clair, Timothy J. Herman, Phillip Robinson, Austin, for petitioners.

Fulbright & Jaworski, Jay W. Elston, Houston, for respondent.

ON MOTION FOR REHEARING

PER CURIAM.

United Parcel Service, Inc. (UPS) applied to the Railroad Commission of Texas for a certificate of convenience and necessity to operate a statewide, small package pickup and delivery service. The Commission dismissed the application for want of jurisdiction. UPS appealed to the district court of Travis County, and after a nonjury trial, the court concluded that the Commission did have jurisdiction. The trial court set...

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