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LONE STAR CALIPER CO. v. TALTY WATER SUPPLY

No. 05-02-00537-CV.

102 S.W.3d 198 (2003)

LONE STAR CALIPER CO. d/b/a Lone Star Muscle Car, Appellant, v. TALTY WATER SUPPLY CORPORATION, Appellee.

Court of Appeals of Texas, Dallas.

Supplemental Opinion on Denial of Rehearing May 1, 2003.

Rehearing Overruled June 10, 2003.

Attorney(s) appearing for the Case

Timothy W. Sorenson, Dallas, for appellant.

Patrick C. Patterson, E. Thomas Bishop, Alexander N. Beard, Bishop & Hummert, P.C., Dallas, for appellee.

Before Justices MOSELEY, LANG, and LAGARDE.

OPINION

Opinion By Justice LAGARDE.

Lone Star Caliper Co. ("Lone Star") appeals an order granting summary judgment in favor of Talty Water Supply Corporation ("Talty"). In two points of error, Lone Star asserts the trial court erred in granting summary judgment to Talty because (1) Talty was not entitled to governmental immunity and (2) Talty was not entitled to the benefits of the "filed tariff" doctrine. We sustain Lone Star's points of error, reverse...

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