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CITY OF MESQUITE v. PKG CONTRACTING, INC.

No. 05-04-00169-CV.

148 S.W.3d 209 (2004)

CITY OF MESQUITE, Appellant, v. PKG CONTRACTING, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 10, 2004.

Attorney(s) appearing for the Case

James R. Jordan, Shannon, Gracey, Ratliff & Miller L.L.P., Dallas, for appellant.

E. John Gorman, Bradford W. Irelan, Irelan & Hargis, P.L.L.C., Houston, for appellee.

Before Justices WRIGHT, MARTIN RICHTER, and MAZZANT.

OPINION

Opinion by Justice MAZZANT.

In this dispute between PKG Contracting, Inc. and the City of Mesquite over a contract for construction of a storm drainage system, the City appeals the trial court's order denying its plea to the jurisdiction. In one issue, the City contends the court erred because the City was engaged in a governmental activity, sovereign immunity applies, PKG's petition does not state a viable ground of waiver, and the City as a governmental...

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