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MANCHESTER TERMINAL CORP. v. PORT OF HOUSTON AUTHORITY

No. A14-89-904-CV.

783 S.W.2d 292 (1989)

MANCHESTER TERMINAL CORPORATION, Appellant and Appellee, v. The PORT OF HOUSTON AUTHORITY, Appellee and Appellant.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 18, 1990.

Attorney(s) appearing for the Case

Jesse P. Luton, Jr., James P. Pennington, Houston, for appellant.

Marie R. Yeates, Benjamin L. Hall, Houston, William H. Yoes, Beaumont, Jonathan Steinberg, Austin, George Michael Jamail, Beaumont, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.

OPINION

PER CURIAM.

This is an appeal from a partial summary judgment that was subsequently severed. The remainder of the original action still pends in the trial court.

During the first half of 1988, the Port of Houston Authority learned that Manchester Terminal Corporation was placing fill material and rubble into Sims Bayou, a tributary flowing into the Houston Ship Channel. The Port sought and obtained...

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