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P.U.C. OF TEXAS v. CITY OF AUSTIN

No. 3-86-019-CV.

728 S.W.2d 907 (1987)

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

Court of Appeals of Texas, Austin.

Rehearing Denied May 13, 1987.

Attorney(s) appearing for the Case

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

J. Alan Holman, Dennis P. Reis, Brown, Maroney, Rose, Barber & Dye, Austin, for FAIR and Motorola, Inc.

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

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

CARROLL, Justice.

The Public Utility Commission ("the Commission") and appellant ratepayers1 appeal from a declaratory judgment rendered in favor of the City of Austin. The district court's final judgment declared, in part, that the Legislature's attempted delegation of authority to review rates of municipally-owned utilities to the Commission under § 26(c) of the Public Utilities Regulatory

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