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TEXAS NATURAL RESOURCE CONSERV. v. IT-DAVY

No. 99-1114.

74 S.W.3d 849 (2002)

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Petitioner, v. IT-DAVY, Respondent.

Supreme Court of Texas.

Decided April 11, 2002.

Attorney(s) appearing for the Case

John Cornyn, Attorney General of the State of Texas, Howard G. Baldwin, First Assistant Attorney General, Julie Caruthers Parsley, Patrick J. Feeney, Linda Eads, William Rich Thompson, and Jeffrey S. Boyd, Austin, for Petitioner.

Bob E. Shannon, Kevin M. Sadler, Baker & Botts, Scott K. Field, York, Keller & Field, L.L.P., Austin, for Respondent.

JAMES A. BAKER, Justice.

The issue in this case is whether the sovereign-immunity doctrine bars IT-Davy, a general contractor, from suing the Texas Natural Resource Conservation Commission, a state agency, for claims arising from the TNRCC's alleged breach of contract. IT-Davy alleges that it fully performed under its contract with the TNRCC. Further, IT-Davy alleges that the TNRCC accepted the full performance but did not fully pay for the accepted services. The...

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