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WALKER ENGINEERING v. BRACEBRIDGE CORP.

No. 05-02-01295-CV.

102 S.W.3d 837 (2003)

WALKER ENGINEERING, INC., Appellant, v. BRACEBRIDGE CORP. f/k/a MBNA Texas Properties, Inc., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled May 9, 2003.

Attorney(s) appearing for the Case

Gregory R. Ave, Dallas, for Appellant.

Daena Goldsmith Ramsey, Schell, Quillin, Mitchell, & Cooley, L.L.P., Peter T. Martin, Martin, Miller & Price, L.L.C., Dallas, for Appellee.

Before Justices MORRIS, WHITTINGTON and FRANCIS.

OPINION

Opinion By Justice WHITTINGTON.

Walker Engineering, Inc. appeals the trial court's judgment in favor of Bracebridge Corp. f/k/a MBNA Texas Properties, Inc. ("MBNA"). In seven issues, Walker contends the trial judge erred in granting judgment in favor of MBNA and denying Walker relief because MBNA contractually waived its right to sue Walker for damages. We reverse the trial court's judgment and render judgment for Walker.

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