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TML INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL v. PRUDENTIAL INS. CO.

No. 03-03-00605-CV.

144 S.W.3d 600 (2004)

TML INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 10, 2004.

Attorney(s) appearing for the Case

Catherine Brown Fryer, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, LLP, Austin, for appellant.

Steven R. Shaver and Rebecca M. Alcantar, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Dallas, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

In this case we must decide whether, when a governmental entity brings suit for declaratory relief, the defendant as the prevailing party may recover attorney's fees from the governmental entity. Appellant TML Intergovernmental Employee Benefits Pool ("the Pool") contends in one issue that governmental immunity bars the award of attorney's fees to appellee Prudential Insurance Company of America.

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