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TRAVIS COUNTY v. PELZEL & ASSOCIATES, INC.

No. 01-0036.

77 S.W.3d 246 (2002)

TRAVIS COUNTY, Texas, Petitioner, v. PELZEL & ASSOCIATES, INC., Respondent.

Supreme Court of Texas.

Decided May 9, 2002.

Rehearing Overruled June 27, 2002.

Attorney(s) appearing for the Case

Ken Oden, Eric M. Shepperd, Todd A. Clark, Sherine Elizabeth Thomas, Travis County Attorney's, Austin, for Petitioner.

George C. Baldwin, Lloyd Gosselink Blevins Rochelle, Kendall Dean Hamilton, Law Office of Ken Hamilton, Austin, for Respondent.

Justice HANKINSON delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice BAKER, Justice O'NEILL, Justice JEFFERSON, and Justice RODRIGUEZ joined.

Pelzel & Associates, Inc., sued Travis County, alleging that the county improperly withheld full payment under a construction contract. Arguing that sovereign immunity bars Pelzel's claim, Travis County filed a plea to the jurisdiction, which the trial court denied....

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