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CITY OF AUSTIN v. NORTH AUSTIN STATE BANK

No. 13406.

631 S.W.2d 564 (1982)

The CITY OF AUSTIN, Appellant, v. NORTH AUSTIN STATE BANK, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied April 14, 1982.

Attorney(s) appearing for the Case

Jerry L. Harris, City Atty., Richard C. Balough, Asst. City Atty., Austin, for appellant.

David W. Hilgers, Hilgers, Watkins & Kazen, Austin, for appellee.

POWERS, Justice.

North Austin State Bank sued the City of Austin to recover excess sums which the Bank paid for electricity furnished by the City during the period December, 1972 to February, 1979. The overcharges resulted from the City's admitted error in computing the Bank's monthly utility statements based upon an official rate applicable to customers using both electricity and gas for energy. The Bank uses only electricity and was entitled to a lower rate.

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