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TEXAS PARKS AND WILDLIFE DEPT. v. E.E. LOWREY REALTY, LTD.

No. 10-02-00317-CV.

155 S.W.3d 456 (2004)

The TEXAS PARKS AND WILDLIFE DEPARTMENT, Doug Hammitt, and Marvin C. Wills, Jr., Appellants, v. E.E. LOWREY REALTY, LTD. d/b/a Gatesville Storage and the Estate of E.E. Lowrey, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 25, 2005.

Attorney(s) appearing for the Case

Cherie K. Batsel, Asst. Atty. General-Tort Litigation Div., Austin, for appellants.

Robert F. Salter, Gatesville, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

This is an interlocutory appeal of the denial of a plea to the jurisdiction. E.E. Lowrey Realty, Ltd. and the estate of E.E. Lowrey (collectively "Lowrey") brought suit against the Texas Parks and Wildlife Department and Doug Hammitt and Marvin C. Wills, Jr., employees of the Department, for fire damage to premises owned by Lowrey and leased by the Department to store a boat. Lowrey's petition alleged that the negligence of the...

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