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CITY OF DALLAS v. BARGMAN

No. 05-04-00316-CV.

207 S.W.3d 926 (2006)

CITY OF DALLAS, Appellant v. John BARGMAN, As Trustee of the Ann T. Bovis Property Trust, Appellee.

Court of Appeals of Texas, Dallas.

November 28, 2006.

Attorney(s) appearing for the Case

Christopher D. Bowers, Assistant City Attorney, Dallas, for appellant.

John Young Brown Hood, Kingwood, Kent F. Brooks, Law Office of Kent F. Brooks, Dallas, for appellee.

Before Justices FITZGERALD, LANG, and LANG-MIERS.

OPINION ON REHEARING

Opinion by Justice FITZGERALD.

This Court's opinion of October 5, 2004 is withdrawn; the following is now the opinion of this Court.

City of Dallas brings this interlocutory appeal of the trial court's denial of the City's plea to the jurisdiction. The City asserts that it is immune from the lawsuit brought by John Bargman as trustee of the Ann T. Bovis Property Trust (the Trust) and...

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