(DOWNLOAD) "Southwestern Bell Telephone Company v. Public Utility Commission Texas" by Supreme Court of Texas No. C-377 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Southwestern Bell Telephone Company v. Public Utility Commission Texas
- Author : Supreme Court of Texas No. C-377
- Release Date : January 22, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Per Curiam This is an appeal from the denial of a temporary injunction in a rate case. The court of civil appeals affirmed the denial of the temporary injunction. 615 S.W.2d 947. The court of civil appeals correctly held that the applicant for a temporary injunction in a rate case must demonstrate: (1) that there is a reasonable probability that the utility will succeed on the merits of its claim, after final hearing; (2) that the loss to the utility will be irreparable; and (3) that the utility's customers will be adequately protected by bond during the period of time the Commission's order is suspended. Southwestern Bell Telephone Co. v. Public Utility Commission, 571 S.W.2d 503, 506 (Tex. 1978); City of Houston v. Southwestern Bell Telephone Co., 263 S.W.2d 169 (Tex. Civ. App.--Galveston 1953, writ ref'd). The purpose of the temporary injunction in rate cases is to protect the utility against confiscatory rates established by a regulatory authority pending appeal; thus maintenance of the status quo is not an issue in rate cases as it is in other temporary injunction cases. General Telephone Co. v. City of Wellington, 156 Tex. 238, 294 S.W.2d 385 (1956); see Big Three Industries, Inc. v. Railroad Commission, 618 S.W.2d 543 (Tex. 1981); Davis v. Huey, 571 S.W.2d 859 (Tex. 1978); Transport Co. of Texas v. Robertson Transports, 152 Tex. 551, 261 S.W.2d 549 (1953).