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BELL v. CITY OF DALLAS

No. 05-03-01295-CV.

146 S.W.3d 819 (2004)

Herbert J. BELL, Jr. and Margaret C. Bell, Appellants, v. The CITY OF DALLAS, Texas and Johnson Bros. Corporation, Appellees.

Court of Appeals of Texas, Dallas.

October 26, 2004.

Attorney(s) appearing for the Case

Curtis L. Marsh, Curtis L. Marsh, Esq., Attorney, Dallas, for Appellant.

Russell B. Power, Hart & Power, P.C., Charles Estee, Asst. Atty. Gen., Dallas, for Appellee.

Before Justices O'NEILL, LANG, and LANG-MIERS.

OPINION

Opinion By Justice O'NEILL.

Herbert J. Bell, Jr. and Margaret C. Bell appeal a judgment granted in favor of appellees Johnson Brothers Corporation and the City of Dallas. In two issues, the Bells contend the trial court erred in (1) granting Johnson Brothers's motion for summary judgment, and (2) granting the City's plea to the jurisdiction. For the following reasons, we affirm the trial court's judgment.

BACKGROUND

In 1987, the...

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