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STATE v. FOLEY

No. 03-96-00673-CV.

950 S.W.2d 781 (1997)

STATE of Texas, Appellant, v. Robert M. FOLEY d/b/a F & F Materials Co., Appellee.

Court of Appeals of Texas, Austin.

August 14, 1997.

Attorney(s) appearing for the Case

Dan Morales, Attorney General, Joe Foy, Jr., Assistant Attorney General, Energy Division, Austin, for Appellant.

Robert L. Seibert, Goodall, Davison & Goldsmith, L.L.P., Austin, for Appellee.

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

CARROLL, Chief Justice.

This case requires us to decide whether a federal statute1 precludes enforcement by the State of Texas of an order by the Texas Railroad Commission deciding a contested case that was pending before the Commission when the federal statute was enacted. The district court concluded that the federal statute preempted enforcement and granted summary judgment to appellee Robert M. Foley d/b/a F & F Materials Co. We...

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