State v. El Paso Natural Gas Company

HUGHES, Justice.

The Trial Court awarded appellee, El Paso Natural Gas Company, a judgment for $2,658,935.51 being the amount paid by it to the State under Art. 7057f, Vernon’s Ann.Civ.St., held unconstitutional in Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157, 74 S.Ct. 396, 98 L.Ed. 583, with interest thereon from the date of judgment until paid at the rate of 6% per annum.

The State questions only that part of the judgment allowing interest, its principal contention being that the State has not given its consent to be sued for the recovery of interest.

H.C.R. No. 35, 54th Leg.,…