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CITY OF DALLAS v. MARTIN

Nos. 05-03-01310-CV, 05-03-01334-CV.

214 S.W.3d 638 (2006)

CITY OF DALLAS, Appellant, v. David S. MARTIN, et al., Appellees. City of Dallas, Appellant, v. George G. Parker, et al., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled February 22, 2007.

Attorney(s) appearing for the Case

James Pinson, Assistant City Attorney, Madeleine B. Johnson, City Attorney, Peter B. Haskel, City of Dallas, City Attorneys Office, Eric G. Calhoun, Richard J. Pradarits, Travis & Calhoun, P.C., Dallas, for appellant.

Robert Charles Lyon, Lyon, Gorsky, Baskett, Haring, Gilbert & Cates, Rowlett, for appellees.

Before Justices MORRIS, FITZGERALD, and FRANCIS.

OPINION ON REHEARING

Opinion by Justice MORRIS.

We issued our original opinion in the above referenced cases on August 10, 2004. See City of Dallas v. David S. Martin, 140 S.W.3d 924 (Tex.App.-Dallas 2004, no pet.). In that opinion, we concluded the Texas Supreme Court's holding in Reata Construction Corp. v. City of Dallas, 47 Tex. Sup.Ct. J. 408, 2004 WL 726906 (Tex. Apr. 2, 2004) (per curiam), compelled...

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