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RAILROAD COM'N OF TEXAS v. ENNIS TRANSP. CO.

Nos. 14176, 14295.

695 S.W.2d 706 (1985)

RAILROAD COMMISSION OF TEXAS, et al., Appellants, v. ENNIS TRANSPORTATION CO., INC., et al., Appellees. FOUR B LINES, INC., et al., Appellants, v. SAM LATTNER DISTRIBUTING COMPANY, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied August 28, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Douglas Fraser, Asst. Atty. Gen., Austin, for R.R. Com'n of Texas.

James M. Doherty, Doherty & Munson, Austin, for Melton Truck Lines, Inc.

Jerry K. Warren, Rain, Harrell, Emery, Young & Doke, Dallas, for Ennis Transp. Co., Inc., Ennis Transport Co., Inc., and Clyde C. Dent.

Phillip Robinson, Mert Starnes, John R. Whisenhunt, Robinson, Felts, Starnes, Angenend & Mashburn, Austin, for Sam Lattner Distributing Co. and Highway Express, Inc.

Thomas F. Sedberry, Small, Craig & Werkenthin, Austin, for Four B Lines, Inc.

Before SHANNON, C.J., and EARL W. SMITH and BRADY, JJ.

SHANNON, Chief Justice.

These appeals concern the duty vel non of the Railroad Commission to allow contract carriers to protest applications for common carrier or contract carrier authority.

Appellant Melton Truck Lines, Inc., sought authority from the Commission to transport roofing materials and supplies between all points in Texas while appellant Four B Lines, Inc., sought to amend its contract carrier permit to authorize its transportation of insulation...

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