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  5. 705 S.W.2d 329 (1986)
 

CITY OF LUBBOCK v. PUBLIC UTILITY COM'N

No. 14381.

705 S.W.2d 329 (1986)

CITY OF LUBBOCK, Texas, Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied March 19, 1986.

Attorney(s) appearing for the Case

John C. Ross, Jr., City Atty., James P. Brewster, Asst. City Atty., Lubbock, for appellant.

Jim Mattox, Atty. Gen., Stephen J. Davis, Asst. Atty. Gen., Austin, for Public Utility Com'n of Texas.

Cecil Kuhne, Crenshaw, Dupree & Milam, Lubbock for Southwestern Public Service Co.

Before SHANNON, C.J., and BRADY and GAMMAGE, JJ.

BRADY, Justice.

The City of Lubbock appeals from a judgment of the district court of Travis County sustaining an order of the Public Utility Commission. The Commission overturned an order of the City imposing residential late payment charges because that order was in conflict with PUC Substantive Rule 052.02.04.044 (16 Tex.Admin.Code § 23.45(b), hereafter Rule 23.45(b)).

The principal question on appeal is whether Rule 23.45(b) binds the City in the exercise...

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