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RAILROAD COM'N OF TEXAS v. COPPOCK

No. 03-05-00097-CV.

215 S.W.3d 559 (2007)

RAILROAD COMMISSION OF TEXAS and Dos Republicas Resources Co., Inc., Appellants, v. Theodosia COPPOCK, Juanita Alvarado, Guadalupe Davila, and Kickapoo Traditional Tribe of Texas, Appellees.

Court of Appeals of Texas, Austin.

February 1, 2007.

Attorney(s) appearing for the Case

Chesley N. Blevins, Rebecca L. Fink, Lloyd Gosselink Blevins Rochelle & Townsend, P.C., Nathan M. Bigbee, Assistant Attorney General, Natural Resources Division, Austin, for appellants.

Enrique Valdivia, Texas RioGrande Legal Aid, San Antonio, David O. Frederick, Lowere & Frederick, John G. Soule, Scott Douglass & McConnico, L.L.P., Austin, for appellees.

Before Justices PATTERSON, PURYEAR and SMITH.

OPINION

DAVID PURYEAR, Justice.

Our opinion and judgment issued on December 29, 2006, are withdrawn, and the following opinion is substituted.

Dos Republicas Resources Co., Inc. ("Dos Republicas") asked the Railroad Commission of Texas (the "Commission") to extend its surface coal mining permit under the provisions of the Texas Surface Coal Mining and Reclamation Act codified in the natural...

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