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STATE v. COCA COLA BOTTLING CO. OF SOUTHWEST

No. 04-85-00032-CV.

697 S.W.2d 677 (1985)

The STATE of Texas, Appellant, v. COCA COLA BOTTLING COMPANY OF the SOUTHWEST and Dr. Pepper Company, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied October 14, 1985.

Attorney(s) appearing for the Case

Paul D. Rich, Steven Baron, Austin, for appellant.

Gregory S.C. Huffman, Louise Ellen Teitz, Marshall M. Searcy, Raymond E. LaDriere, II, Dallas, J. Burleson Smith, Keith E. Kaiser, Cox & Smith, San Antonio, for appellees.

Before CADENA, C.J., and CANTU and TIJERINA, JJ.

TIJERINA, Justice.

In this case, § 15.05(d) of the Texas Free Enterprise and Antitrust Act of 1983, TEX. BUS. & COM.CODE ANN. § 15.01 et seq. (Vernon Supp.1985), was declared unconstitutional. Appellant's petition sought to divest Coca Cola Bottling Company of the Southwest of assets acquired from Dr. Pepper Company and Dr. Pepper Bottling. The trial court sustained appellee's special exception on constitutional grounds and ordered the cause of...

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