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E & B CARPET MILLS v. STATE

No. 3-88-197-CV.

776 S.W.2d 286 (1989)

E & B CARPET MILLS, A DIVISION OF ARMSTRONG WORLD INDUSTRIES, INC., et al. Appellants, v. The STATE of Texas, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied September 27, 1989.

Attorney(s) appearing for the Case

R. James George, Jr., Graves, Dougherty, Hearon, & Moody, Austin, for E & B Carpet Mills and Reeves Transp. Co.

Douglas Hearne, Hearne, Knolle, Lewallen, Livingston & Holcomb, Austin, for Central Freight Lines, Inc., and Merchants Fast Motor Lines, Inc.

Robert Ozer and Anne E. Swenson, Asst. Attys. Gen., Austin, for the State of Texas.

Before POWERS, GAMMAGE and ABOUSSIE, JJ.

GAMMAGE, Justice.

The State of Texas sued E & B Carpet Mills (E & B), a Division of Armstrong World Industries (Armstrong), and Reeves Transportation Company (Reeves) 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.1989). Merchants Fast Motor Lines, Inc. (Merchants), Central Freight Lines, Inc. (Central), and Red Arrow Freight Lines, Inc. intervened.

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