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  5. 756 S.W.2d 98 (1988)
 

STATE v. SOUTHERN STATES TRANSP., INC.

No. 3-87-155-CV.

756 S.W.2d 98 (1988)

The STATE of Texas, Appellant, v. SOUTHERN STATES TRANSPORTATION, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied September 14, 1988.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Norberto Flores, Asst. Atty. Gen., Austin, for appellant.

James M. Doherty, Austin, for appellee.

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

ABOUSSIE, Justice.

The State of Texas sued Southern States Transportation, Inc. ("Southern States") seeking penalties and a permanent injunction for alleged violations of the Texas Motor Carriers Act. Tex.Rev.Civ.Stat.Ann. art. 911b (1964 and Supp.1988). The State appeals from a take-nothing judgment entered by the trial court. We will reverse the judgment.

For a period of 147 days between February and October 1983, appellee transported reinforcing steel ...

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