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MARTIN K. EBY CONST. CO., INC. v. LAN/STV

No. 05-05-00447-CV.

205 S.W.3d 16 (2006)

MARTIN K. EBY CONSTRUCTION COMPANY, INC., Appellant, v. LAN/STV, A Joint Venture of Lockwood, Andrews & Newman, Inc. and STV Incorporated, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 13, 2006.

Attorney(s) appearing for the Case

Jeffrey S. Levinger, Carrington, Coleman, Sloman & Blumenthal, L.L.P., Dallas, for Appellant.

James W. Grau, Grau Koen, P.C., Dallas, for Appellee.

Before Justices BRIDGES, FRANCIS, and LANG-MIERS.

OPINION

Opinion by Justice LANG-MIERS.

This case analyzes derivative governmental immunity from liability under section 452.056(d) of the transportation code and article 6550d of the revised civil statutes.1 Martin K. Eby Construction Company, Inc. (Eby) sued LAN/STV, a joint venture of Lockwood, Andrews & Newman, Inc. and STV Incorporated, in tort for misrepresentations it allegedly made in construction plans prepared pursuant...

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