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CENTERPOINT ENERGY ENTEX v. RAILROAD COM'N

No. 03-04-00688-CV.

213 S.W.3d 364 (2006)

CENTERPOINT ENERGY ENTEX, Appellant, v. RAILROAD COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

April 28, 2006.

Attorney(s) appearing for the Case

Marnie A. McCormick, David C. Duggins, Clark, Thomas & Winters, PC, Austin, for appellant.

Douglas Fraser, Asst. Atty. Gen., Austin, for appellee.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

This appeal concerns whether the Railroad Commission properly refused to allow CenterPoint Energy Entex to charge customers residing outside of Houston-area municipalities a share of the franchise fees Entex paid to the Houston-area municipalities in connection with Entex's use of municipal land and services. The district court affirmed the Commission's order. We reverse the district court's judgment and remand this...

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