Railroad Commission v. United Parcel Service, Inc.

ON MOTION FOR REHEARING

United Parcel Service, Inc. (UPS) applied to the Railroad Commission of Texas for a certificate of convenience and necessity to operate a statewide, small package pickup and delivery service. The Commission dismissed the application for want of jurisdiction. UPS appealed to the district court of Travis County, and after a nonjury trial, the court concluded that the Commission did have jurisdiction. The trial court set aside the Commission’s order of dismissal and remanded the matter to the Commission for consideration of the application on its merits. The Commission and…