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CITY OF PORT NECHES v. RAILROAD COMMISSION OF TEXAS

No. 03-05-00777-CV.

212 S.W.3d 565 (2006)

CITY OF PORT NECHES, City of Nederland, City of Groves, and Texas Gas Service Company, Appellants, v. RAILROAD COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

August 4, 2006.

Attorney(s) appearing for the Case

Harry P. Wright, L. Bruce Gregory, Wright & Pitre, Port Neches, for Cities.

James W. Checkley Jr., John K. Arnold, J. Alan Holman, Locke, Liddell & Sapp, LLC, Austin, for Texas Gas Service Company.

Liz Bills, Suzanne Antley, Assistant Attorneys General, Natural Resources Division, Austin, for Appellee.

Before Chief Justice LAW, Justices PATTERSON and PEMBERTON.

OPINION

W. KENNETH LAW, Chief Justice.

This appeal arises from the district court's affirmance of a final order entered by the Railroad Commission awarding an increase in Texas Gas Service Company's ("TGS's") gas rates for three of the four cities comprising the South Jefferson County Service Area ("SJC service area")—the Cities of Port Neches, Nederland, and Groves.1 Appellants include the

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