el-paso-electric-company-city-of-el-paso-state-of-texas-and-office-of ( 1995 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-93-661-CV





OFFICE OF PUBLIC UTILITY COUNSEL; STATE OF TEXAS; EL PASO ELECTRIC COMPANY; PUBLIC UTILITY COMMISSION OF TEXAS; AND CITY OF EL PASO,

APPELLANTS

vs.





PHELPS DODGE REFINING CORPORATION; ASARCO INCORPORATED; BORDER STEEL ROLLING MILLS, INC; AND EL PASO IRON & METAL COMPANY,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT

NO. 92-05642, HONORABLE F. SCOTT MCCOWN, JUDGE PRESIDING

PER CURIAM

Appellees Border Steel Rolling Mills, Inc. and El Paso Iron & Metal Company have filed a motion to dismiss them as parties from this appeal of an order of the district court of Travis County rendered in a suit for judicial review of an order of appellee Public Utility Commission. We will grant the motion to dismiss. See generally Tex. R. App. P. 59(a)(1)(B), (3).

Border Steel and El Paso Iron & Metal filed a petition in intervention in the proceeding below. See Tex. R. Civ. P. 60. In their counsel's motion to withdraw as counsel filed in district court, counsel stated that Border Steel and El Paso Iron & Metal were in bankruptcy and no longer wished to pursue the litigation. The transcript filed here, however, does not show that the district court dismissed the two parties from the proceeding. Because the cause underlying this appeal was not an action against the debtors in bankruptcy, we presume that the automatic stay provision of the Bankruptcy Code is inapplicable. See 11 U.S.C. § 362(a) (1988); see also 11 U.S.C. § 362(b)(4) (1988).

We grant the motion to dismiss and dismiss the appeal as to appellees Border Steel Rolling Mills, Inc. and El Paso Iron & Metal Company.

Before Justices Powers, Jones and B. A. Smith

Appeal Dismissed as to Appellees Border Steel Rolling Mills, Inc. and

El Paso Iron & Metal Company

Filed: January 26, 1994

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