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GROTHUES v. CITY OF HELOTES

No. 04-93-00151-CV.

928 S.W.2d 725 (1996)

Larry GROTHUES, Alan Grothues, Thomas Grothues, and Maurice Grothues, Appellants, v. CITY OF HELOTES, Texas and Industrial Disposal Service Company, Inc. d/b/a Garbage Gobbler, and The State of Texas, Appellees.

Court of Appeals of Texas, San Antonio.

August 14, 1996.

Attorney(s) appearing for the Case

Keith M. Baker, George C. Noyes, Soules & Wallace, Thomas B. Black, San Antonio, for appellants.

Harvey L. Hardy, Hardy, Jacobson, Gazda & Jacobson, P.C., Julia W. Mann, J. Frank Onion, III, Wheatley & Onion, L.L.P., Donald R. Philbin, Jr., Campagnolo & Philbin, L.C., San Antonio, for appellees.

Before the court en banc.

CHAPA, Chief Justice.

Pursuant to our order dated October 9, 1995, granting appellees' motion for en banc rehearing of the motion for rehearing, our opinion issued on January 25, 1995, is withdrawn and this opinion is substituted in its place.

The questions presented by this appeal are whether a general-law municipality, as distinguished from a home-rule municipality, has authority to grant an exclusive garbage...

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