CITY OF SAN BENITO v. RIO GRANDE VALLEY GAS

No. 02-0038.

109 S.W.3d 750 (2003)

CITY OF SAN BENITO, et al., Petitioners, v. RIO GRANDE VALLEY GAS COMPANY, and Southern Union Company d/b/a Southern Union Gas Company, Respondents.

Supreme Court of Texas.

Decided June 26, 2003.


Attorney(s) appearing for the Case

Adam Poncio, Law Offices of Cerda & Poncio, San Antonio, Ramon Garcia, Law Offices of Ramon Garcia, Edinburg, for petitioners.

Benjamin L. Hall, III, Elizabeth B. Hawkins, Sheryl A. Scott, The Hall Law Firm, John M. O'Quinn, O'Quinn & Laminack, Houston, Juan R. Molina, Law Office of Juan R. Molina, Weslaco, Christina Carlson Dodds, Daniel W. Bishop, II, Watson Bishop London & Galow, E. Lee Parsley, E. Lee Parsley, P.C., Austin, Jerry K. Clements, Cynthia Keely Timms, Kirsten M. Castaneda, Locke Liddell & Sapp LLP, Dallas, for respondents.


Chief Justice PHILLIPS delivered the opinion of the Court.

This class action was brought on behalf of an alleged class of eighty south Texas cities for recovery of franchise fees allegedly owed to them. A number of Texas cities, including the petitioners herein, tried to opt out of the class. Some were successful, but the trial court denied the requests of the seven cities petitioning here and signed a final judgment approving settlement. We must decide whether an...

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