Railroad Commission Texas v. Home Transportation Company

Home Transportation Company, Inc. (Home) applied to the Railroad Commission (the Commission) for inclusion as a participating carrier in Tariff No. 40-B. After the Commission denied Homes application, Home appealed to the Travis County District Court, which reversed the Commission and remanded the case to that agency for consideration of additional evidence. The Commission then filed in this Court a motion for leave to file for writ of mandamus. The motion was denied. The Commission then appealed the district courts action to the court of appeals, which dismissed for want of jurisdiction. 643 S.W.2d 512. We reverse the judgment of the court of appeals and remand the case to that court for consideration on the merits.