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KERR v. TEXAS DEPT. OF TRANSP.

No. 01-00-01269-CV.

45 S.W.3d 248 (2001)

Edward A. and Norma KERR, et al., Appellants, v. THE TEXAS DEPARTMENT OF TRANSPORTATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 14, 2001.

Attorney(s) appearing for the Case

Russell H. McMains, Corpus Christi, for Appellant.

John B. Lay, Austin, for Appellee.

Panel consists of Justices MIRABAL, NUCHIA, and PRICE.

OPINION

NUCHIA, Justice.

This is an appeal of an order of the trial court granting The Texas Department of Transportation's ("TxDOT") plea to the jurisdiction and dismissing TxDOT from this lawsuit. We reverse and remand.

BACKGROUND

Edward A. and Norma Kerr, along with approximately 360 other plaintiffs ("plaintiffs"), sued TxDOT, Harris County Flood Control District, Harris County, two municipal utility districts, seven real estate developers...

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