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TEXAS INDUSTRIES, INC. v. CITY OF DALLAS

No. 11-97-00330-CV.

1 S.W.3d 792 (1999)

TEXAS INDUSTRIES, INC., Appellant, v. CITY OF DALLAS, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled October 28, 1999.

Attorney(s) appearing for the Case

Constance E. Courtney Westfall, Walter D. James, S. Vance Wittie, Royal H. Brian, Strasburger & Price, James L. Truitt, E. Eldridge Goins, John D. Rosenberg, Goins, Underkofler, Crawford & Langdon, Dallas, for appellant.

Ronald Stutes, Asst. City Atty., Dallas, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCLOUD, S.J.

OPINION

W.G. ARNOT, III, Chief Justice.

This is a summary judgment case arising from a suit for breach of contract. The essential facts are not in dispute. On April 16, 1973, Texas Industries, Inc. (TXI) leased its property for landfill operations to the City of Dallas for the disposal of municipal solid waste. Municipal solid waste is defined by the Solid Waste Disposal Act, TEX. HEALTH & SAFETY CODE ANN. § 361.003(20) (Vernon Supp. 1999) as:<...

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