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STATE v. MIGUEL

No. 98-0093.

2 S.W.3d 249 (1999)

The STATE of Texas, Petitioner, v. John San MIGUEL, et al., Respondents.

Supreme Court of Texas.

Rehearing Overruled November 4, 1999.

Attorney(s) appearing for the Case

Susan Desmarais Bonnen, John Cornyn, Jorge Vega, David A. Talbot, Jr., Grady Click, Ronald E. Garner, Andy Taylor, Linda Eads, Austin, for Petitioner.

John T. McDowell, Joe F. Crabb, H. Dan Johnston, Stacy L. Stair, Michael T. Fuerst, Houston, for Respondents.

PER CURIAM.

In this wrongful death case we consider whether the State retained its sovereign immunity for discretionary acts under section 101.056 of the Texas Civil Practices & Remedies Code. The jury returned a verdict against the State. The State moved for judgment notwithstanding the verdict based, in part, on the State's sovereign immunity claim. The trial court denied the State's motion, and rendered judgment on the verdict. On appeal, the court of appeals...

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