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SATTERFIELD & PONTIKES v. IRVING IND. SCH.

No. 05-03-00004-CV.

123 S.W.3d 63 (2003)

SATTERFIELD & PONTIKES CONSTRUCTION, INC., Appellant, v. IRVING INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled January 12, 2004.

Attorney(s) appearing for the Case

Donald F. Hawbaker, Timothy Dwayne Matheny, Jeffrey A. Ford, Ford, White & Nassen, P.C., Dallas, for Appellant.

W. Andrew Messer, Boyle & Lowry, L.L.P., James W. Deatherage, Jim & Associates, PC, Irving, for Appellee.

Before Justices JAMES, FRANCIS, and LANG.

OPINION

Opinion by Justice FRANCIS.

In this breach of contract case against the Irving Independent School District, we must decide whether the Legislature intended to waive the District's immunity from suit by enacting section 11.151 of the Texas Education Code. Because the language used in section 11.151 does not clearly and unambiguously indicate waiver, we affirm the trial court's order dismissing Satterfield & Pontikes Construction Inc.'s claims...

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