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STATE v. HOUDAILLE INDUSTRIES, INC.

No. C-581.

632 S.W.2d 723 (1982)

STATE of Texas, Petitioner, v. HOUDAILLE INDUSTRIES, INC., d/b/a Houdaille-Duvall-Wright, Respondent.

Supreme Court of Texas.

May 26, 1982.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., James R. Meyers and Jose Manuel Rangel, Asst. Attys. Gen., Austin, for petitioner.

Susman & McGowan, Robert A. Rowland, III, Susan A. Ohsfeldt, Houston, for respondent.

POPE, Justice.

The question presented is whether the State of Texas, in a suit to recover civil penalties authorized by section 16(b) of article 911b,1 the Motor Carrier Act, had to allege and prove that the violation was done with knowledge or intent. The State sued Houdaille Industries, Inc., to recover civil penalties and for judgment permanently enjoining Houdaille from aiding and abetting the transportation of its products over Texas...

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