Legal Opinion
State of Texas v. Robert M. Foley D/B/A F & F Materials Co.
Texas Court of Appeals, 3rd District (Austin)
Decided August 14, 1997No. 03-96-00673-CVPublishedCited by 2 opinions
1Opinion of the Court
CARROLL, Chief Justice.
This case requires us to decide whether a federal statute 1 precludes enforcement by the State of Texas of an order by the Texas Railroad Commission deciding a contested case that was pending before the Commission when the federal statute was enacted. The district court concluded that the federal statute preempted enforcement and granted summary judgment to appellee Robert M. Foley d/b/a F & F Materials Co. We agree and will affirm the district court’s judgment.
THE CONTROVERSY
In 1990, the Railroad Commission began administrative proceedings against Foley for operating…
2Cases cited17 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
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3Cited by2 opinions
- Boon Insurance Agency, Inc. v. American Airlines, Inc., Texas Court of Appeals, 3rd District (Austin)2000
- the Boon Insurance Agency, Inc., Individually and on Behalf of All Others Similarly Situated v. American Airlines, Inc. Continental Airlines, Inc. Delta Airlines, Inc. And America West Airlines, Inc., Texas Court of Appeals, 3rd District (Austin)2000