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STATE v. T. C. BATESON CONST. CO.

No. 6713.

562 S.W.2d 538 (1978)

The STATE of Texas, Appellant, v. T. C. BATESON CONSTRUCTION COMPANY et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

February 15, 1978.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Austin, for appellant.

Elliott, Churchill, Hansen, Dyess & Maxfield, Roger A. Hansen, Gary A. Maxfield, Dallas, for appellees.

OPINION

OSBORN, Justice.

This appeal is from an order of dismissal in a case in which the trial Court sustained a plea in abatement because of a prior pending suit. We affirm.

The appellee, T. C. Bateson Construction Company, was the prime contractor in the construction of The University of Texas at San Antonio. The original completion date for the last building was May 8, 1974. That building was not completed until January, 1976. As a result of...

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