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ABERCROMBIE INTERESTS v. CITY OF HOUSTON

No. 13-91-236-CV.

830 S.W.2d 305 (1992)

JOSEPHINE E. ABERCROMBIE INTERESTS, INC. and Mercado Partners II, Appellants, v. CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled June 4, 1992.

Attorney(s) appearing for the Case

H. Lee Godfrey, Jeffrey Chambers, Houston, for appellants.

J. Eugene Clements, Evelyn V. Keyes, Houston, for appellee.

Before KENNEDY, DORSEY, and GILBERTO HINOJOSA, JJ.

KENNEDY, Justice.

Appellants, Josephine E. Abercrombie Interests, Inc. and Mercado Partners II (the Developers), appeal from a summary judgment granted in favor of the City of Houston (the City). Appellants assert that the summary judgment based on governmental immunity was granted improperly because in a transaction between the City and appellants, the City was engaged in a proprietary rather than a governmental function. We reverse the summary judgment and remand...

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