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AER-AEROTRON, INC. v. TEXAS DEPT. OF TRANSP.

No. 03-97-00649-CV.

997 S.W.2d 687 (1999)

AER-AEROTRON, INC., Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 10, 1999.

Attorney(s) appearing for the Case

Elizabeth G. Bloch, Hilgers & Watkins, P.C., Austin, for Appellant.

John Cornyn, Attorney General, Rodney D. Parrott, Assistant Attorney General, Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices JONES, KIDD, B.A. SMITH, YEAKEL and POWERS.

BEA ANN SMITH, Justice.

On its own motion the Court has submitted this cause for en banc consideration. Appellant Aer-Aerotron, Inc. sued appellee Texas Department of Transportation for breach of contract. Asserting that Aerotron had not obtained legislative consent to sue, the Department claimed immunity from suit and moved to dismiss for want of jurisdiction. The trial court dismissed the cause solely on jurisdictional grounds.1

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