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STATE v. MALONE SERVICE CO.

No. D-0863.

829 S.W.2d 763 (1992)

The STATE of Texas, Petitioner, v. MALONE SERVICE COMPANY, Arthur Lee Malone and Larry Malone, Respondents.

Supreme Court of Texas.

Rehearing Overruled June 17, 1992.

Attorney(s) appearing for the Case

Brian E. Berwick, Nancy dinger, Austin, for petitioner.

Jacalyn D. Scott, Thomas E. Bilek, Houston, Dan Morales, Austin, for respondents.

OPINION

MAUZY, Justice.

This civil environmental enforcement action presents evidentiary issues relating to the defense of discriminatory enforcement. The trial court excluded evidence of penalties listed within an enforcement log of the Texas Water Commission. The court of appeals reversed and remanded, holding that the evidence should have been admitted. 804 S.W.2d 174. We reverse the judgment of the court of appeals...

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