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SOUTHWESTERN BELL TELE. CO. v. PUBLIC UTILTY COMMISSION

No. 3-93-552-CV.

888 S.W.2d 921 (1994)

SOUTHWESTERN BELL TELEPHONE COMPANY; Texas Statewide Telephone Cooperative, Inc.; and GTE Southwest, Incorporated, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS; AT & T Communications of the Southwest, Inc.; MCI Telecommunications Corp.; Texaltel; Digital Direct of Dallas, Inc.; Sprint Communications Co., L.P.; Teleport Communications Group; MFS Communications Co., Inc.; Time Warner Entertainment Co., L.P.; and American Petroleum Institute, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 11, 1995.

Attorney(s) appearing for the Case

Robert J. Hearon, Jr., Graves Dougherty Hearon & Moody, Austin, for Southwestern Bell Telephone Co.

Don R. Richards, McWhorter Cobb & Johnson, L.L.P., Lubbock, for Texas Statewide Telephone Co-op., Inc.

David C. Duggins, Clark Thomas & Winters, Austin, for GTE Southwest, Inc.

Dan Morales, Atty. Gen., Susan Bergen Schultz, Asst. Atty. Gen., Austin, for PUC.

Thomas Anson, Anson Maloney & Hill, L.L.P., Austin, for AT & T.

C. Douglas Jarrett, Keller & Heckman, Washington, D.C., for American Petroleum Institute.

Steve Bickerstaff, Bickerstaff Heath & Smiley, L.L.P., Austin, for Digital Direct of Dallas, TEXALTEL and Time Warner.

Before POWERS, ABOUSSIE and JONES, JJ.

ON MOTION FOR REHEARING

JONES, Justice.

The opinion issued herein on September 21, 1994, is withdrawn, and the following opinion is filed in lieu thereof.

Southwestern Bell Telephone Company, appellant, filed suit against the Public Utility Commission ("the Commission"), appellee, pursuant to the Administrative Procedure Act ("APA"), Tex.Gov't Code Ann. § 2001.038 (West 1994),1 seeking a declaratory judgment that...

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