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STATE v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 03-03-00430-CV.

127 S.W.3d 339 (2004)

STATE of Texas, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Colonial American Casualty and Surety Company, Appellees.

Court of Appeals of Texas, Austin.

January 29, 2004.

Attorney(s) appearing for the Case

David W. Nance, Asst. Atty. Gen., Susan Desmarais Bonnen, Asst. Atty. General, Transp. Div., Austin, for appellant.

George C. Baldwin, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, James K. Peden, III, Toni Scott Reed, Strasburger & Price, LLP, Dallas, for appellees.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

OPINION

JAN P. PATTERSON, Justice.

In this case, we must decide whether the sovereign immunity doctrine bars appellees,1 sureties on a performance bond furnished to a construction company that entered into a contract with the Texas Department of Transportation, from filing a counterclaim against the State when the State initiated suit against the sureties on the underlying bond. After Sedona Contracting, Inc., the construction...

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