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CITY OF GRAND PRAIRIE v. IRWIN SEATING CO.

No. 05-04-00560-CV.

170 S.W.3d 216 (2005)

CITY OF GRAND PRAIRIE, Appellant v. IRWIN SEATING COMPANY, Midwest Mechanical Contractors, Inc., Seyforth Roofing Company, Inc., Lewis & Lambert, L.L.L.P., and Linbeck/Con-Real/Russell Joint Venture, Appellees.

Court of Appeals of Texas, Dallas.

August 16, 2005.

Attorney(s) appearing for the Case

Jim (James) McCown, Nesbitt, Vassar & McCown, LLP, Addison, for Appellant.

Charles E. Wear, Jr., Arlington, William Brent Shellhorse, Whiatker, Chalk, Swindle & Sawyer, Fort Worth, Martha C. Coleman, Strasburger & Price, LLP, and James K. Peden III, Strasburger & Price, P.C., Toni Scott Reed, Dallas, C. John Scheef III, Frisco, Scott Griffith, Griffith & Nixon, P.C., Dallas, for Appellees.

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

OPINION

Opinion by Justice LANG-MIERS.

This is an interlocutory appeal of the trial court's denial of the City of Grand Prairie's plea to the jurisdiction. Grand Prairie argues the trial court erred because: (1) Grand Prairie did not initiate any legal proceedings in this action which would result in a waiver of its immunity from suit; and (2) the city charter is not an express waiver of immunity from suit.

We affirm the trial court's order denying...

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