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McMAHON CONTRACTING v. CITY OF CARROLLTON

No. 04-0622.

197 S.W.3d 387 (2006)

McMAHON CONTRACTING, L.P., Petitioner, v. CITY OF CARROLLTON, Respondent.

Supreme Court of Texas.

June 30, 2006.

Attorney(s) appearing for the Case

Dwayne Hoover, Harrison Steck Hoover & Drake, P.C., Fort Worth, for petitioner.

James R. Jordan, Shannon Gracey Ratliff & Miller, L.L.P., Dallas, R. Clayton Hutchins, Carrollton, for respondent.

PER CURIAM.

McMahon Contracting, L.P. sued the City of Carrollton for breach of contract to perform street repairs and for quantum meruit. The trial court overruled the City's plea to the jurisdiction based on immunity from suit, and the City took an interlocutory appeal. The court of appeals reversed and dismissed the case, holding that section 51.075 of the Local Government Code does not waive a city's immunity from suit. 134 S.W.3d 925<...

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