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JENKINS v. ENTERGY CORP.

No. 13-05-035-CV.

187 S.W.3d 785 (2006)

David JENKINS and Cindy Jenkins, Individually and on Behalf of all Persons Similarly Situated, Appellants, v. ENTERGY CORPORATION, Entergy Services, Inc., Entergy Power Inc., and Entergy Power Marketing Corporation, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled April 7, 2006.

Attorney(s) appearing for the Case

John H. Conway, Washington, DC, Joseph D. Jamail, Frank M. Staggs, Jr., Jamail & Kolius, Micheal D. Sydow, Sydow & McDonald Kaiser & Ahmed LLP, Dymra R. Henderson, Sydow & McDonald, Houston, for appellants.

John F. Williams, David C. Duggins, Clark, Thomas & Winters, Austin, Richard G. Baker, Baker & Zbranek, Liberty, Lawrence L. Germer, Paul A. Scheurich, Beaumont, for appellees.

Before Justices HINOJOSA, YAÑEZ, and CASTILLO.

OPINION

Opinion by Justice CASTILLO.

This appeal is brought from the trial court's decision not to strike an intervention, and from the order of the trial court dismissing the underlying suit for lack of subject matter jurisdiction. In separate conclusions of law, the trial court found that both the Federal Energy Regulatory Commission ("FERC") and the Texas Public Utilities Commission ("PUC") have exclusive jurisdiction. We affirm in part, reverse in part...

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