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NAT. SPORTS & SPIRIT v. UNIV. OF NORTH TEX.

No. 2-02-401-CV.

117 S.W.3d 76 (2003)

NATIONAL SPORTS & SPIRIT, INC., NSG Corporation, National Spirit Group, Ltd., Individually and d/b/a Marching Auxiliaries of America, and Marching Auxiliaries, Inc., Individually and d/b/a Marching Auxiliaries of America, Appellants, v. The UNIVERSITY OF NORTH TEXAS, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 27, 2003.

Attorney(s) appearing for the Case

Downs & Stanford, P.C., Jay R. Downs, Paul R. Clevenger, Dallas, for appellants.

Greg Abbot, Attorney General of Texas, Barry R. McBee, First Assistant Attorney General, Jeffrey S. Boyd, Deputy Attorney General for Litigation, Nelly R. Herrera, Chief, Tort Litigation Division, S. Ronald Keister, Assistant Attorney General, Attorney-In-Charge, Office of the Attorney General, Tort Litigation Division, Austin, for appellee.

PANEL B: DAY, LIVINGSTON, and HOLMAN, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

Appellants National Sports and Spirit, Inc., NSG Corporation, National Spirit Group, Ltd., individually and d/b/a Marching Auxiliaries of America, and Marching Auxiliaries, Inc., individually and d/b/a Marching Auxiliaries of America appeal from the trial court's order granting the University of North Texas's (UNT) plea to the jurisdiction. In five points, appellants argue that (1) the trial court erred in granting UNT...

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