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F/R CATTLE CO., INC. v. STATE

No. D-2481.

866 S.W.2d 200 (1993)

F/R CATTLE COMPANY, INC., Petitioner, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

November 24, 1993.

Attorney(s) appearing for the Case

John B. Turney, Austin and Robert J. Glasgow, Stephenville, for petitioner.

Ken Cross, Suzanne Latting, and Dan Morales, Austin, for respondent.

OPINION

GONZALEZ, Justice.

Respondent's motion for rehearing is overruled. Our opinion of April 21, 1993, is withdrawn and the following is substituted in its place.

This case involves the application of the Texas Clean Air Act1 to a calf-feeding facility in Erath County. The State sought to enjoin F/R Cattle Company's operations under the Clean Air Act. The trial court held that the emissions were the product of natural...

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