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AUSTIN BRIDGE COMPANY v. STATE

No. 11596.

427 S.W.2d 925 (1968)

AUSTIN BRIDGE COMPANY et al., Appellants, v. STATE of Texas et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 15, 1968.

Attorney(s) appearing for the Case

Small, Herring, Craig, Werkenthin & Shannon, C. C. Small, Jr., Fred B. Werkenthin, Austin, for appellants.

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Asst. Atty. Gen., Watson C. Arnold, Dudley Fowler, Albert L. Derden, Asst. Attys. Gen., Austin, for appellees.

HUGHES, Justice.

This suit was brought by Austin Bridge Company, Austin Contracting Company and B. G. Brown and Company, pursuant to legislative permission,1 against the State of Texas and the Texas Highway Department to recover damages allegedly arising out of a contract entered into between Austin Bridge Company as prime contractor and the Texas Highway Department for the construction of a portion of State Highway No. 120 in Taylor County...

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