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TEXAS NAT. RESOURCE CONSERV COM'N v. IT-DAVY

No. 03-98-00653-CV.

998 S.W.2d 898 (1999)

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Appellant, v. IT-DAVY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 23, 1999.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, Charles B. McDonald, Assistant Attorney General, Austin, for Appellant.

Bob E. Shannon, Baker & Botts, Austin, for Appellee.

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

MACK KIDD, Justice.

Appellee IT-Davy sued appellant Texas Natural Resource Conservation Commission (the "Commission") for claims arising out of a contract for the clean-up of a hazardous waste site. The Commission brings this interlocutory appeal of the trial court's order denying its plea to the jurisdiction,1 asserting that the trial court erred in failing to dismiss the cause for lack of jurisdiction on the basis of sovereign immunity...

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