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PUBLIC UTILITY COM'N OF TEX. v. CITY OF AUSTIN

No. 14671.

710 S.W.2d 658 (1986)

PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellants, v. CITY OF AUSTIN, Appellee.

Court of Appeals of Texas, Austin.

April 16, 1986.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Stephen J. Davis, Asst. Atty. Gen., Austin, for Public Utility Commission of Texas, Peggy Rosson, Dennis Thomas, and Jo Campbell.

J. Alan Holman, Brown, Maroney, Rose, Barber & Dye, Austin, for Federation of Austin Industrial Ratepayers (FAIR) and Motorola, Inc.

Andrew Kever, C. Robert Heath, Bickerstaff, Heath & Smiley, Austin, for City of Austin.

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

SHANNON, Chief Justice.

Before the Public Utility Commission entered a final order in an electric rate proceeding, the City of Austin filed a declaratory judgment suit in the district court of Travis County. Ancillary to its declaratory judgment suit, the City sought a temporary injunction. After hearing, the district court temporarily enjoined the agency from applying certain rate-making standards to the City and from going forward with the proceeding until the agency...

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