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

No. 01-0336.

111 S.W.3d 75 (2003)

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

Supreme Court of Texas.

Decided July 3, 2003.

Attorney(s) appearing for the Case

Scott Steven Cooley, Marc O. Knisely, Patricia D. Pope, Clayton James Barton, Campbell McGinnis, McGinnis Lochridge & Kilgore, L.L.P., Austin, Martha McGregor, McGregor McGregor & Carmichael, Hillsboro, for petitioners.

Michael G. Cosby, Pakis Giotes Page & Burleson, P.C., Waco, Johnnie B. Rogers, Austin, Henry Moore, Gregg William Hill, Sims Moore Hill & Gannon LLP, Hillsboro, for respondents.

Justice JEFFERSON delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice ENOCH, Justice OWEN, Justice O'NEILL, Justice SCHNEIDER, Justice SMITH, and Justice WAINWRIGHT joined.

The primary issue in this case is whether the Electric Cooperative Corporation Act ("ECCA"), particularly as amended in 1997 by House Bill 3203, Act of May 24, 1997, 75th Leg., R.S., ch. 904, § 4, 1997 Tex. Gen. Laws 2847, 2849-50 ("H.B. 3203"), allows a nonprofit...

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