RAILROAD COM'N v. ROBERT DELGADO CONST.

No. 3-91-367-CV.

837 S.W.2d 846 (1992)

RAILROAD COMMISSION OF TEXAS, Kent Hance, James Nugent, and John Sharp, its Commissioners, Aggregate Haulers, Inc., Shar Trucking, Inc., Tarmac Transportation, Inc., and Transit Control Services, Inc., d/b/a T.C.S., Appellants, v. ROBERT DELGADO CONSTRUCTION COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 21, 1992.


Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Cynthia Woelk, Asst. Atty. Gen., Environmental Protection Div., Austin, for Railroad Com'n of Texas and its Comm'rs.

Nelson M. Davidson, Jr., Dripping Springs, for Aggregate Haulers, Inc., Robert L. Seibert, Dan Felts, Robinson, Felts & Mashburn, Austin, for Shar Trucking, Inc., et al.

James O. Houchins, James O. Houchins & Associates, Austin, for Robert Delgado Constr. Co.

Before CARROLL, C.J., and JONES and KIDD, JJ.


CARROLL, Chief Justice.

The district court of Travis County vacated a final order of the Railroad Commission of Texas ("the Commission") and remanded the cause to the Commission for further proceedings on the existing record. We hold that the district court applied the incorrect scope of review. Therefore, we will reverse the judgment of the district court and render judgment affirming the decision of the Commission.

BACKGROUND

Robert Delgado Construction...

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