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TEXAS-NEW MEXICO POWER CO. v. INDUSTRIAL ENERGY CONSUMERS

No. 3-89-138-CV.

786 S.W.2d 795 (1990)

TEXAS-NEW MEXICO POWER COMPANY, Appellant, v. TEXAS INDUSTRIAL ENERGY CONSUMERS, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 2, 1990.

Attorney(s) appearing for the Case

Phyllis B. Schunck, Wood, Lucksinger & Epstein, Austin, for appellant.

Alton J. Hall, Jr., Mayor, Day & Caldwell, Houston, for Texas Industrial Energy Consumers, et al.

Louis S. Zimmerman, Fulbright & Jaworski, Austin, for CoGen Lyondell, Inc. and CoGen Lynchberg, Inc.

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

SHANNON, Chief Justice.

Appellant Texas-New Mexico Power Company seeks to set aside an order of the district court of Travis County.1 By its order, the district court dismissed an administrative appeal of an order of the Public Utility Commission for want of jurisdiction. The basis for the dismissal was that the agency order was not final. This Court will affirm the district court's dismissal order.

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