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OPTIMAL UTILITIES, INC. v. SMITHERMAN

No. 13-16-00385-CV.

OPTIMAL UTILITIES, INC., Appellant, v. BARRY SMITHERMAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE RAILROAD COMMISSION OF TEXAS; DAVID PORTER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE RAILROAD COMMISION OF TEXAS, ET AL., Appellees.

Court of Appeals of Texas, Thirteenth District, Corpus Christi, Edinburg.

Delivered and filed August 10, 2017.

Attorney(s) appearing for the Case

Eno Ekwere Peters , Michael E. McElroy , for Optimal Utilities, Inc., Appellant.

Nancy Elizabeth Olinger , for Barry Smitherman, Individually and in his Official Capacity as Chairman of the Railroad Commission of Texas, Appellee.

Nancy Elizabeth Olinger , for David Porter, Individually and in his Official Capacity as Commissioner of the Railroad Commission of Texas, Appellee.

Nancy Elizabeth Olinger , for Buddy Garcia, Individually and in his Official Capacity as Commissioner of the Railroad Commission of Texas, Appellee.

Nancy Elizabeth Olinger , for The Railroad Commission of Texas, Appellee.

Before Chief Justice Valdez and Justices Longoria and Hinojosa.

MEMORANDUM OPINION

Barry Smitherman, David Porter, Buddy Garcia, and the Railroad Commission of Texas (collectively, "the Commission") filed a plea to the jurisdiction after being sued by appellant Optimal Utilities, Inc. ("Optimal"). After the trial court granted the Commission's plea, Optimal...

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