CITY OF BROWNSVILLE v. GOLDEN SPREAD ELEC.

No. 05-05-01150-CV.

192 S.W.3d 876 (2006)

CITY OF BROWNSVILLE, Oklahoma Municipal Power Authority, and AEP Texas Central Company, Appellants, v. GOLDEN SPREAD ELECTRIC COOPERATIVE, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled June 20, 2006.


Attorney(s) appearing for the Case

James P. Karen, Jones Day, Dallas, R. Gaines Griffin, Esq., Davidson & Trolilo, P.C., San Antonio, James R. Goza, City Attorney, Brownsville, P. Michael Jung, Strasburger & Price, L.L.P., Dallas, Eduardo Roberto Rodriguez, Rodriguez, Colvin, Chaney & Saenz, LLP, Brownsville, Samara L. Kline, J. Kemp Sawers, George C. Lamb, III, Baker & Botts, L.L.P., Dallas, for Appellant.

Lin Hughes, McGinnis, Lochridge & Kilgore, Austin, John W. Davidson, R. Gaines Griffin Davidson & Troilo, San Antonio, for Appellee.

Before Chief Justice THOMAS and Justices MORRIS and FITZGERALD.


OPINION

Opinion by Justice MORRIS.

This is a summary judgment case. The dispositive issue we decide is whether one of the co-owners of an electrical generating facility effectively exercised its right of first refusal to purchase another co-owner's interest. In their appeal, the City of Brownsville and the Oklahoma Municipal Power Authority both contend they effectively exercised their respective rights to purchase the ownership interest of the other appellant...

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