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MOTOR VEHICLE BD. OF TEX. v. EPIADA

No. 98-0514.

1 S.W.3d 108 (1999)

MOTOR VEHICLE BOARD OF THE TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. EL PASO INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION, INC., Respondent.

Supreme Court of Texas.

August 26, 1999.

Attorney(s) appearing for the Case

Toni Hunter, Linda B. Secord, Douglas Fraser, John Cornyn, Andy Taylor, David A. Talbot, Jr., Karen Watson Kornell, Austin, for Petitioner.

Thomas F. Keever, Corey W. Haugland, Don W. Minton, Jose R. Rodriguez, El Paso, for Respondent.

PER CURIAM.

In this case, we consider whether the Texas Department of Transportation's Motor Vehicle Board ("the Board") waived its right to appeal a trial court judgment holding Texas Transportation Code sections 728.001 through 728.004 unconstitutional and enjoining the enforcement of those provisions. We hold that the Board did not waive its right to appeal. Accordingly, we reverse the court of appeals' judgment dismissing...

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