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BARTO WATSON, INC. v. CITY OF HOUSTON

No. 01-98-00178-CV.

998 S.W.2d 637 (1999)

BARTO WATSON, INC., Appellant, v. CITY OF HOUSTON & Bob DeVillier, Appellees.

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

Rehearing Overruled September 3, 1999.

Attorney(s) appearing for the Case

Daryl L. Moore, Elizabeth C. Lazenby, Houston, for appellant.

Jocelyn Yvon Labove, Assistant City Attorney, Laura Anne Coats, Assistant City Attorney, Houston, for appellees.

Panel consists of Justices MIRABAL, NUCHIA, and DUNN.

OPINION

D. CAMILLE HUTSON-DUNN, Justice (Retired).

Barto Watson, Inc. (Watson), the appellant here and plaintiff below, appeals the dismissal of its suit for lack of subject matter jurisdiction. We reverse and remand to the trial court for further proceedings.

Factual Background

On September 27, 1993, Watson was operating a sand pit outside of the Houston city limits. Bob DeVillier, an...

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