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TEXAS DOT v. JONES BROS. DIRT & PAVING

No. 00-1067.

92 S.W.3d 477 (2002)

TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. JONES BROTHERS DIRT & PAVING CONTRACTORS, INC., Respondent.

Supreme Court of Texas.

Decided June 27, 2002.

Attorney(s) appearing for the Case

John Cornyn, Attorney General of the State of Texas, Andy Taylor, First Assistant Attorney General, Jack F. Gilbert, Assistant Attorney General, Ronda Leigh Neff, Grady Click, Jeffrey S. Boyd, Office of the Attorney General, Austin, for Petitioner.

Douglass D. Hearne, Hearne & Eppright, Ann R. Powers, Hearne Eppright & Gest, Austin, for Respondent.

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

Jones Brothers Dirt & Paving Contractors' contract with the Texas Department of Transportation provides that, prior to terminating or removing a Disadvantaged Business Enterprise (DBE) subcontractor from a project, Jones had to demonstrate "to the satisfaction of the...

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