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

No. 99-1070.

39 S.W.3d 220 (2001)

TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. AER-AEROTRON, INC., Respondent.

Supreme Court of Texas.

Decided February 1, 2001.

Rehearing Overruled April 5, 2001.

Attorney(s) appearing for the Case

Gregory S. Coleman, Julie Caruthers Parsley, William Rich Thompson, II, Susan Desmarais Bonnen, John Cornyn, Andy Taylor, Linda Eads, Office of Atty. Gen., Austin, for Petitioner.

Elizabeth G. Bloch, Tonia Lea Lucio, Hilgers & Watkins, Austin, for Respondent.

Justice BAKER delivered the opinion of the Court in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice ABBOTT, and Justice HANKINSON joined.

The issue in this case involves whether the State may waive its immunity from suit by its conduct. The court of appeals held that by accepting benefits under a contract the State waives its immunity from suit. 997 S.W.2d 687, 692. We disagree. Today in General Services Commission...

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