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HAMMACK v. PUBLIC UTILITY COM'N OF TEXAS

No. 03-02-00232-CV.

131 S.W.3d 713 (2004)

Robert "Lee" HAMMACK, et al., Appellants v. PUBLIC UTILITY COMMISSION OF TEXAS, et al., Appellees.

Court of Appeals of Texas, Austin.

April 15, 2004.

Attorney(s) appearing for the Case

Catherine J. Webking, Austin, and Shannon K. McClendon, Dripping Springs, for Robert Lee Hammack, Kevin Hammack, Chris L. Hammack, Jeanette H. Wharton, J.D., Henry Miller, Marceline B. Reed, Yanta Cattle Company, Gary Walton, Larami, Ltd., John H. Dreier, La Nell Ressman, Jane R. Montgomery, Burton A. Utley, Monroe C. Sickenius, James Smolik, Jerry Smolik, John Harris, Nancy Willeford, Karen Kiely and David Smith on behalf of the Estate of Carrie L. Smith.

Douglas Fraser and Liz Bills, Asst. Attys. Gen., Natural Resources Division, Austin, for Public Utility Commission of Texas, Patrick Wood, III (former Chairman of the Commission & former Board of Director), Judy Walsh, former Commissioner, in her official & indiv. capacity and Brett Perlman, in his individual & official capacity.

John F. Williams and Barry K. Bishop, Clark, Thomas & Winters, Austin, for Central Power and Light Company.

Before Justices PATTERSON, PURYEAR and POWERS; Justice POWERS Not Participating.

OPINION

DAVID PURYEAR, Justice.

Our opinion and judgment issued on October 23, 2003 are withdrawn, and the following opinion is substituted.

Robert "Lee" Hammack and others ("appellants") appeal from a district court judgment affirming an order of the Public Utility Commission of Texas (the "Commission") granting a certificate of convenience and necessity ("CCN") to Central Power and Light Company ("Central Power").2

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