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TEXAS DEPT. OF TRANSP. v. ARZATE

No. 08-03-00425-CV.

159 S.W.3d 188 (2004)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Librado ARZATE, et al., Appellees.

Court of Appeals of Texas, El Paso.

December 16, 2004.

Attorney(s) appearing for the Case

Richard Mason, Assistant Attorney General, Austin, for appellant.

Ruggero S. Provenghi, El Paso, for appellee.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

The Texas Department of Transportation appeals the trial court's denial of its plea to the jurisdiction pursuant to Section 51.014(a)(8) of the Texas Civil Practices and Remedies Code. See Texas Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999) (holding that a governmental defendant may contest in a plea to the jurisdiction whether the State has waived immunity...

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