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CITY OF AMARILLO v. RAILROAD COM'N OF TEXAS

No. 03-94-00133-CV.

894 S.W.2d 491 (1995)

CITY OF AMARILLO, Appellant, v. RAILROAD COMMISSION OF TEXAS and Energas Company, A Division of Atmos Energy Corporation, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 5, 1995.

Attorney(s) appearing for the Case

Steven A. Porter [Signed brief for appellant], Butler, Porter, Gay & Day, Austin, Merrill Nunn, City Atty., Amarillo, for appellant.

Tom D. Stephens [Signed brief for Energas Co.], Hoffman & Stephens, P.C., Austin, Lee Allen Everett, Atmos Energy Corp., Dallas, Dan Morales, Atty. Gen., Douglas Fraser [Signed brief for Railroad Com'n of Texas], Asst. Atty. Gen., Natural Resources Div., Austin, for appellee.

Before CARROLL, C.J., and KIDD and BEA ANN SMITH, JJ.

SMITH, Justice.

Appellant City of Amarillo sued for judicial review of the Texas Railroad Commission's final order in a contested rate case decided under the Gas Utility Regulatory Act. See Tex.Rev.Civ.Stat.Ann. art. 1446e (West Supp. 1995) ("GURA"). The district court affirmed the Commission's order approving a rate increase for Energas Company. On appeal to this Court, the City contends that the district court erred in affirming the order because the Commission...

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