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BROWN & ROOT, INC. v. CITY OF CITIES MUN. UT.

No. 01-85-01050-CV.

721 S.W.2d 881 (1986)

BROWN & ROOT, INC., Appellant, v. CITY OF CITIES MUNICIPAL UTILITY DISTRICT, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied November 20, 1986.

Attorney(s) appearing for the Case

Reagan W. Simpson, W. Mark Lanier, Fulbright & Jaworski, Houston, for appellant.

J. Ron Young, Mark W. Brooks, Rowe & Young, Houston, for appellee.

Before EVANS, C.J., and WARREN and JACK SMITH, JJ.

OPINION

JACK SMITH, Justice.

This is an appeal from the trial court's refusal to grant Brown & Root's motion to set aside a summary judgment. The appellant asserts one ground of error alleging that material fact issues exist and that the motion to set aside the summary judgment should have been granted.

Two families, plaintiffs in the trial court, purchased homes in a subdivision located in the appellee's utility district. Thereafter, their homes...

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