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DEPT. OF TRANSP. v. T. BROWN CONST.

No. 03-96-00379-CV.

947 S.W.2d 655 (1997)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. T. BROWN CONSTRUCTORS, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 24, 1997.

Attorney(s) appearing for the Case

Dan Morales, Attorney General, Mark Heidenheimer, Assistant Attorney General, Transportation Division, Austin, for Appellant.

C. Mark Baker, William J. Boyce, Fulbright & Jaworski L.L.P., Houston, for Appellee.

Before POWERS, ABOUSSIE and JONES, JJ.

JONES, Justice.

In an administrative proceeding to resolve a contract dispute, the Texas Department of Transportation ("TxDOT") awarded T. Brown Constructors, Inc. ("Brown"), appellee, $56,295. In a suit for judicial review of that order, the district court of Travis County, in a judgment signed August 5, 1994, awarded Brown $3,318,001.33. After failing to timely pursue an appeal from the August 5 judgment, TxDOT sought to have the judgment set aside through the present...

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