Southwestern Gas and Electric Company v. The City of Gilmer, Texas

HUTCHESON, Chief Judge.

Appellant, plaintiff below, is a public utility engaged in the distribution and sale of electric power in the City of Gilmer, where it enjoys a thirty year franchise granted by the City, and in other places in the State.

The appellees, defendants below, are the City of Gilmer, Texas, and the Up-shur Rural Electric Cooperative Corporation.

Alleging: that Art. 1528b of the Revised Civil Statutes of Texas, Vernon’s Ann.Civ.St., the Electric Cooperative Corporation Act, expressly limits cooperatives to serving their members, and membership in such corporations, to persons in…