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EL PASO ELEC. v. PUBLIC UTILITY COM'N

No. 03-93-00661-CV.

917 S.W.2d 846 (1995)

EL PASO ELECTRIC COMPANY; City of El Paso; State of Texas; and Office of Public Utility Counsel, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS; ASARCO, Inc.; and Phelps Dodge Refining Corporation, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 12, 1995.

Attorney(s) appearing for the Case

Norman Gordon, Diamond, Rash, Gordon & Jackson, El Paso [Signed brief], for City of El Paso.

John F. Williams, Clark, Thomas & Winters, Austin [Signed brief], for El Paso Elec. Co.

Stephen Fogel, Office of Public Utility Counsel, Austin [Signed brief], for Office of Public Utility Counsel.

Dan Morales, Atty. Gen., Rupaco T. Gonzalez, Asst. Atty. Gen., Austin [Signed brief], Richard A. Muscat, Asst. Atty. Gen., Austin [Signed brief], for State of Tex.

James W. Checkley, Jr., Mark W. Smith, Brown, McCarroll & Oaks Hartline, Austin [Both signed brief], for ASARCO, Inc.

Dan Morales, Atty. Gen., Elizabeth R.B. Sterling, Asst. Atty. Gen., Adm. Law Section, Energy Div., Austin [Signed brief], for Public Utility Com'n of Texas.

Before CARROLL, C.J., and ABOUSSIE, JONES, KIDD and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

We withdraw our opinion issued April 5, 1995 and substitute the following in its place.

The Court on its own motion has considered this cause en banc. See Tex.R.App.P. 79(d), (e). El Paso Electric Company ("EPEC"), the City of El Paso, the Office of Public Utility Counsel ("OPUC"), the State of Texas, and the Public Utility Commission ("Commission")1 appeal from a district-court judgment rendered...

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