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PAULA CONST., INC. v. CITY OF LYTLE

No. 04-05-00317-CV.

220 S.W.3d 16 (2006)

PAULA CONSTRUCTION, INC., Appellant, v. CITY OF LYTLE, Appellee.

Court of Appeals of Texas, San Antonio.

December 6, 2006.

Attorney(s) appearing for the Case

Carl Payne Tobey, Jr., Michael Box, The Tobey Law Firm, Boerne, for appellant.

Thomas P. Cate, Law Office of Thomas P. Cate, P.C., Lytle, Kimberly S. Keller, The Keller Law Firm, San Antonio, Bradley E. Chambers, Spain Hastings Ward Carey and Chambers, Houston, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, PHYLIS J. SPEEDLIN, Justices.

OPINION ON APPELLEE'S FURTHER MOTION FOR REHEARING

Opinion by PHYLIS J. SPEEDLIN, Justice.

In light of the Texas Supreme Court's recent opinion in Tooke v. City of Mexia, 197 S.W.3d 325 (Tex.2006), we grant appellee City of Lytle's further motion for panel rehearing filed September 22, 2006, withdraw our prior opinion and judgment issued on August 23, 2006, and substitute this opinion and judgment. Appellee's motion...

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