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DATA FOUNDRY, INC. v. CITY OF AUSTIN

No. 19-0475.

620 S.W.3d 692 (2021)

DATA FOUNDRY, INC., Petitioner, v. CITY OF AUSTIN, Texas, Respondent.

Supreme Court of Texas.

Opinion Delivered: April 9, 2021.

Attorney(s) appearing for the Case

Atty. Gen. W. Kenneth Paxton Jr. , Ryan Lee Bangert , Jeffrey C. Mateer , Rance L. Craft , Austin, Kyle D. Hawkins , for Amicus Curiae State of Texas.

Carolyn E. Shellman , for Amicus Curiae CPS Energy.

Robert Earl Henneke , Kerrville, for Amicus Curiae Texas Public Policy Foundation.

Carl Joseph Shahady , for Amicus Curiae Texas Public Power Association.

W. Scott McCollough , Wallace B. Jefferson , Nicholas B. Bacarisse , Robert C. Alden , Austin, Rachel Anne Ekery , Houston, for Petitioner.

Adam Biggs , Longview, David J. Hacker , for Other interested party Office of the Attorney General.

Christopher Lee Brewster , Austin, Meghan L. Riley , Anne L. Morgan , Michael Jon Weils Siegel , Thomas Lane Brocato , Austin, for Respondent.

The City of Austin, through its city council, sets the rates that Austin Energy, an electric utility owned by the City, charges to Austin residents for retail electric services. Data Foundry, Inc., an internet service provider, purchases electricity from Austin Energy for its facilities in Austin...

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