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INTERSTATE CONTRACTING v. CITY OF DALLAS

No. 03-0152.

135 S.W.3d 605 (2004)

INTERSTATE CONTRACTING CORPORATION, Appellee, v. CITY OF DALLAS, Texas, Appellant.

Supreme Court of Texas.

Decided April 16, 2004.

Rehearing Denied June 25, 2004.

Attorney(s) appearing for the Case

Christina Stone, Gaughan & Stone, Houston, for Amicus Curiae ABC of Texas, Inc.

Richard Gary Thomas, Dallas, Thomas Feldman & Wilshusen, LLP, for Amicus Curiae American Subcontractors Assoc.

Steven D. Nelson, Austin, for Amicus Curiae Associated General Contractors.

John Kirby, Office of City Atty., Dallas, for appellant.

Collin L. Hayes, Richardson, William R Allensworth, Joe R. Basham, Allensworth and Porter, LLP, Austin, Retta A. Miller, Jackson & Walker, LLP, Dallas, Stephen R. Miller, Michael Metcalf, Miller Law Firm, P.C., Kansas, Mo, for appellee.

Justice JEFFERSON delivered the opinion of the court.

This case comes before us on certified questions from the United States Court of Appeals for the Fifth Circuit. Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, we answer the following questions:

1. Does Texas recognize pass-through claims, i.e., may a contractor assert a claim against an owner on a subcontractor's behalf when there is no privity...

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