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SOUTHWESTERN BELL TEL. CO. v. PUB. UTILITY COM'N OF TEXAS

No. C-377.

622 S.W.2d 82 (1981)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. PUBLIC UTILITY COMMISSION OF TEXAS et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 28, 1981.

Attorney(s) appearing for the Case

Ford W. Hall, Jone Dee Lawrence, Joyce Beasley and Larence G. Crahan, Dallas, Graves, Dougherty, Hearon, Moody & Garwood, Robert J. Hearon, Jr. and Glenn E. Johnson, Austin, for petitioner.

Martha V. Terry, Don R. Butler, Austin, McGinnis, Lochridge & Kilgore, Brook Bennett Brown, Austin, Besing & Armstrong, Ray Besing, Dallas, for respondents.

PER CURIAM.

This is an appeal from the denial of a temporary injunction in a rate case. The court of civil appeals affirmed the denial of the temporary injunction. 615 S.W.2d 947.

The court of civil appeals correctly held that the applicant for a temporary injunction in a rate case must demonstrate: (1) that there is a reasonable probability that the utility will succeed on the merits of its claim, after final hearing; ...

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