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CITY OF SAN ANTONIO EX REL. CITY PUB. SERV. BD. v. WHEELABRATOR

No. 04-11-00821-CV.

381 S.W.3d 597 (2012)

CITY OF SAN ANTONIO, Acting By and Through CITY PUBLIC SERVICE BOARD a/k/a CPS Energy, Appellant, v. WHEELABRATOR AIR POLLUTION CONTROL, INC., Appellee.

Court of Appeals of Texas, San Antonio.

August 1, 2012.

Attorney(s) appearing for the Case

Annalyn G. Smith , Schmoyer Reinhard LLP, Judith R. Blakeway , Strasburger & Price, L.L.P., Kristen H. Elizondo , Bracewell & Giuliani, LLP, San Antonio, TX, Kimberly S. Keller , The Keller Law Firm, Boerne, TX, for Appellant.

Charles Thomas Kruse , Matthew W. Caligur , Baker & Hostetler, LLP, Houston, TX, for Appellee.

Sitting: PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

The City of San Antonio, acting by and through CPS Energy1 (hereinafter "CPS"), appeals the trial court's denial of its plea to the jurisdiction in this lawsuit by Wheelabrator Air Pollution Control, Inc. in which it asserts a breach of contract claim and, alternatively, a quasi-contractual quantum meruit claim to recover a 10% contract retainage withheld by CPS. This interlocutory...

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