FORD MOTOR CO. v. MOTOR VEHICLE BD.

No. 03-99-00265-CV.

21 S.W.3d 744 (2000)

FORD MOTOR COMPANY; Freightliner Truck Corporation; Sterling Truck Corporation; Metro Ford Truck Sales, Inc.; and Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation, Appellants, v. MOTOR VEHICLE BOARD OF THE TEXAS DEPARTMENT OF TRANSPORTATION/METRO FORD TRUCK SALES, INC.; Daniel H. Foley, Jr.; Freightliner Truck Corporation; Sterling Truck Corporation; and Ford Motor Company, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 27, 2000.


Attorney(s) appearing for the Case

James A. Pikl, MnKinney, for Metro Ford & Foley.

P.M. Schenkkan, Graves, Dougherty, Hearon & Moody, Austin, for Freightliner & Sterling.

Linda B. Secord, Asst. Atty. Gen., Austin, for Motor Veh. Bd.

Kenneth R. Valka, Baker & Hostetler, L.L.P., Houston, for Ford Motor Co.

Jeffee Martinez-Vargas, Asst. Atty. Gen., Austin, for Motor Vehicle Bd.

Before Justices JONES, KIDD and PATTERSON.


JAN P. PATTERSON, Justice.

We grant the motion for rehearing of the Motor Vehicle Board, withdraw our original opinion and judgment issued April 27, 2000, and substitute this one in its place.

This is an appeal from a district court judgment affirming in part and reversing and remanding in part an order of the Motor Vehicle Board of the Texas Department of Transportation ("Board"). The order adopted findings of fact, conclusions of law, and recommendations...

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