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INTERSTATE CONTRACTING v. CITY OF DALLAS, TEX.

No. 02-10138.

407 F.3d 708 (2005)

INTERSTATE CONTRACTING CORPORATION, Plaintiff-Appellee, v. CITY OF DALLAS, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 2005.

Attorney(s) appearing for the Case

Stephen Robert Miller (argued), Michael Ted Metcalf, Miller Law Firm, Kansas City, MO, for Plaintiff-Appellee.

Charles S. Estee, Asst. City Atty. (argued), Dallas, TX, for Defendant-Appellant.

Before GARZA and CLEMENT, Circuit Judges, and DAVIS, District Judge.

DAVIS, District Judge:

In this breach of contract and breach of warranty case, the City of Dallas appeals a jury verdict awarding Interstate Contracting Corporation $3,046,964. Because the contract's unambiguous language bars all of ICC's claims, we reverse the trial court's judgment and render judgment that Interstate Contracting Corporation take nothing.

BACKGROUND2

On September 14, 1994, the City of Dallas, Texas ...

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