Railroad Commission of Texas v. Oil Field Haulers Ass'n

HUGHES, Justice.

Oil Field Haulers Association, Inc. and its individual members have filed a second motion for rehearing in which they make the contention that since the appeal from the rate order of the Commission results in a de novo trial in the District Court that the rate order was suspended immediately upon the filing of the suit (appeal), and that for this reason alone the Trial Court properly enjoined its enforcement. In support of this contention they cite State by and through State Board of Morticians v. Cortez, 160 Tex. 532, 333 S.W.2d 839 and Chemical Bank & Trust Company v.…