Babcock v. State

POWERS, Justice.

We withdraw our previous opinion and substitute the following.

The trial-court judgment, in a suit brought by appellees, the State of Texas and Elite Mobile Home Transit, Inc., convicts appellants of violations of Tex.Rev. Civ.Stat.Ann. art. 911b (1964 & Supp.1982) (the “Motor Carrier Act”) and imposes upon them fines and injunctive relief as authorized by § 16 of that statute.1 We will reverse the judgment and render judgment that appellees take nothing by their suit.

THE CONTROVERSY

Appellees alleged in their suit that appellants had by various acts effectuated the…