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CAPITAL METRO. v. CENTRAL OF TENN. RY.

No. 03-02-00483-CV.

114 S.W.3d 573 (2003)

CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY/CENTRAL OF TENNESSEE RAILWAY AND NAVIGATION COMPANY, INC. d/b/a Longhorn Railway Company, Appellants, v. CENTRAL OF TENNESSEE RAILWAY AND NAVIGATION COMPANY, INC. d/b/a Longhorn Railway Company/Capital Metropolitan Transportation Authority, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 2, 2003.

Attorney(s) appearing for the Case

Andrew M. Taylor, Eric B. Storm, Bracewell & Patterson, L.L.P., Austin, Tracy C. Temple, Bracewell & Patterson, L.L.P., Houston, for appellants.

Timothy J. Herman, Matthew R. Beatty, Herman, Howry & Breen, LLP, Austin, for appellees.

Justices B.A. SMITH, PURYEAR and ABOUSSIE.

OPINION

DAVID PURYEAR, Justice.

This is an appeal following a jury trial in a breach-of-contract case. Capital Metropolitan Transportation Authority ("Capital Metro") sued Longhorn Railway Company ("Longhorn") for breach of a "Restated Contract for Rail Freight Services on the Giddings Llano Line" ("Restated Contract"). Longhorn brought a counterclaim for breach of the same contract. At the close of Capital Metro's case, the trial court granted a...

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