Upshur Rural Electric Cooperative Corp. v. State ex rel. Southwestern Gas & Electric Co.

ARCHER, Chief Justice.

The Attorney General filed a petition upon the relation of Southwestern Gas & Electric Company and W. H. Webb against Upshur Rural Electric Cooperative Corporation and the City of Gilmer, combining several causes of action in quo warranto and declaratory and sought relief thereon as follows:(1) An action to enjoin the Upshur Coop from the allegedly ultra vires acts of distributing electric energy within the City, (2) a declaratory judgment action to construe the Electric Cooperative Corporation Act, Article 1528b, Vernon’s Ann.Civ. St., and (3) a declaratory judgment…