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  5. 694 S.W.2d 410 (1985)
 

GREENVILLE INDEPENDENT v. B & J EXCAVATING

No. 05-84-00423-CV.

694 S.W.2d 410 (1985)

GREENVILLE INDEPENDENT SCHOOL DISTRICT, Appellant, v. B & J EXCAVATING, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 1, 1985.

Attorney(s) appearing for the Case

J. Harris Morgan, Greenville, for appellant.

W. Kyle Gooch, Dallas, for appellee.

Before STEPHENS, ALLEN and McCLUNG, JJ.

ALLEN, Justice.

Greenville Independent School District ("GISD") appeals from a summary judgment rendered in favor of B & J Excavating, Inc. We hold that as a matter of law the summary judgment based on breach of a statutory duty was granted in error; therefore, we reverse and render judgment for GISD on that point. Any remaining causes of action are remanded for trial.

The record shows that GISD awarded a prime...

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