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UNIVERSITY OF TEXAS SYSTEM v. ROBERT E. McKEE, INC.

No. 4772.

521 S.W.2d 944 (1975)

The UNIVERSITY OF TEXAS SYSTEM, Appellant, v. ROBERT E. McKEE, INC., et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 2, 1975.

Attorney(s) appearing for the Case

Bill Campbell, Asst. Atty. Gen., Austin, for appellant.

Joe F. Canterbury, Jr., and Robert W. Smith, Smith, Smith, Dunlap & Canterbury, Dallas, for appellees.

WALTER, Justice.

Robert E. McKee, Inc. and The McCally Company recovered a judgment against The University of Texas System for $174,300.00 and the University has appealed.

The University's statement of the facts is substantially correct and is as follows:

"Appellant advertised for construction of public buildings known as Phase I Expansion Program at the University of Texas Southwestern Medical School at Dallas, located at 5323 Harry Hines Boulevard...

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