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RAILROAD COM'N OF TEX. v. UNITED PARCEL SERV.

No. 13267.

614 S.W.2d 903 (1981)

RAILROAD COMMISSION OF TEXAS et al., Appellants, v. UNITED PARCEL SERVICE, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 29, 1981.

Attorney(s) appearing for the Case

B. D. St. Clair, McGinnis, Lochridge & Kilgore, Austin, and Jay W. Elston, Fulbright & Jaworski, Houston, for appellee.

R. Lambeth Townsend, Asst. Atty. Gen., Austin, for Railroad Commission of Texas.

Philip Robinson, Robinson, Felts, Meyers & Starnes, Austin, for Central Freight Lines, Inc., Red Arrow Freight Lines, Inc., and Valley Transit Co., Inc.

Charles E. Munson, Doherty, Birnbaum & Munson, Austin, for Kerrville Bus Co., Inc., Painter Bus Lines, Inc., Greyhound Lines, Inc., Arrow Coach Lines, Southwestern Transit Co., New Mexico Transp. Co., Texas, New Mexico and Oklahoma Coaches, Inc., Texas Motor Coaches, Inc. and Central Texas Bus Lines, Inc.

Robert J. Birnbaum, Austin, Ernest B. Ledford, Vice President, Abilene, for Merchants Fast Motor Lines, Inc.

Timothy S. Herman, Rogers, Hughes & Herman, Austin, for Morgan Express, Inc., Northern Tex-Pack Exp., Inc., Beaver Express, Inc., O & A Tex-Pack Exp., Inc., Liberty Tex-Pack Exp., Inc., Mistletoe Tex-Pack Exp., Inc., Western Tex-Pack, Inc. and Blue Bonnet Exp., Inc.

POWERS, Justice.

United Parcel Service, Inc., appellee, filed an application with the Texas Railroad Commission requesting a certificate of convenience and necessity authorizing appellee to conduct intrastate operations as a common carrier of a limited class of general commodities. Stated generally, the application proposed a statewide, small-package pickup and delivery service in the nature of a parcel post service. The Commission dismissed the application "for want...

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