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STATE v. PRECISION SOLAR CONTROLS, INC.

No. 03-04-00632-CV.

188 S.W.3d 364 (2006)

STATE of Texas, Appellant, v. PRECISION SOLAR CONTROLS, INC., Appellee.

Court of Appeals of Texas, Austin.

March 17, 2006.

Attorney(s) appearing for the Case

Don Cruse, Asst. Solicitor Gen., Christopher M. Swanson, William R. Henry, Asst. Attys. Gen., Austin, for appellant.

Michael R. Burnett, Shaunessy & Burnett, PC, Austin, for Texas Highway Products, Ltd.

Barry K. Bishop, David C. Duggins, Clark, Thomas & Winters, P.C., Austin, for Precision Solar Controls, Inc.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

Appellant the State of Texas, acting on behalf of "its agency or department, the Texas Department of Transportation" ("TxDOT"), sued appellee Precision Solar Controls, Inc.,1 alleging that Precision Solar had manufactured and sold defective traffic signals that TxDOT used across the State. The State asserted claims for breach of contract, breach of warranty, and quantum meruit. Precision...

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