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MIDLOTHIAN BUTANE GAS v. HILCO ELEC. CO-OP.

No. 10-99-135-CV.

43 S.W.3d 677 (2001)

MIDLOTHIAN BUTANE GAS COMPANY, INC., d/b/a Midtex LP Gas, et al., Appellants, v. HILCO ELECTRIC COOPERATIVE, INC., et al., Appellees.

Court of Appeals of Texas, Waco.

April 4, 2001.

Attorney(s) appearing for the Case

Michael G. Cosby, Pakis, Giotes, Beard & Page, P.C., Waco, Henry Moore and Gregg Hill, Sims, Moore, Hill & Gannon, L.L.P., Hillsboro, for appellant.

Clay Barton, Patricia D. Pope, McGinnis, Lochridge & Kilgore, L.L.P., Austin, Martha McGregor, McGregor & Carmichael, P.C., Hillsboro, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

GRAY, Justice.

Rural Electric Cooperatives have existed in Texas since at least 1937. The purpose in creating such cooperatives was to encourage the electrification of parts of this great state that were not economically attractive to major utility companies. To encourage this type of enterprise, the legislature gave special incentives to these companies. They are created under a special statute known as the Electric Cooperative Corporation Act....

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