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CENTERPOINT ENERGY HOUSTON v. HARRIS COUNTY TOLL

No. 04-20992.

436 F.3d 541 (2006)

CENTERPOINT ENERGY HOUSTON ELECTRIC LLC; CenterPoint Energy Entex, an Unincorporated Division of CenterPoint Energy Resources Corp., Plaintiffs-Appellees-Cross-Appellants, v. HARRIS COUNTY TOLL ROAD AUTHORITY; Harris County, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

January 16, 2006.

Attorney(s) appearing for the Case

Shira R. Yoshor (argued), Jonathan B. Smith, Baker Botts, L.L.P., Houston, TX, for Plaintiffs-Appellees-Cross-Appellants.

Frank Edward Sanders, Asst. Cty. Atty. (argued), Houston, TX, for Defendants-Appellants-Cross-Appellees.

Before JOLLY and BARKSDALE, Circuit Judges, and LITTLE, District Judge.

E. GRADY JOLLY, Circuit Judge.

This appeal raises the question whether CenterPoint Energy Houston Electric and CenterPoint Energy Entex [collectively "CenterPoint"] may collect from Harris County Toll Road Authority and Harris County [collectively "Harris County"] costs of relocating their utility facilities when Harris County constructed the Westpark Tollway along the pre-existing Westpark Drive in Houston, Texas. CenterPoint also seeks to collect attorney's fees...

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