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CITY OF HOUSTON v. ALLCO, INC.

No. 04-0730.

206 S.W.3d 113 (2006)

CITY OF HOUSTON, Petitioner, v. ALLCO, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied December 15, 2006.

Attorney(s) appearing for the Case

Elizabeth L. Pool, Malinda York Crouch, Arturo G. Michel, Michael D. Hudgins, Eric Carl Nordstrom, Chandra Lashae Horne, Hudgins, Hudgins & Warrick, a Professional Corp., Houston, for petitioner.

Robert A. Plessala, Cokinos, Bosien & Young, Houston, for respondent.

PER CURIAM.

Allco, Inc. sued the City of Houston for breach of contract to provide sewer rehabilitation services and for declaratory judgment. After a bench trial, the trial court rendered judgment for Allco. The court of appeals affirmed, holding that the City's immunity from suit is waived by a provision in its charter authorizing it to "sue and be sued, . . . contract and be contracted with, implead and be impleaded in all courts and places and in all matters whatever...

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