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TEXAS SO. UNIVERSITY v. STATE STREET BANK

Nos. 01-05-00758-CV, 01-06-00497-CV.

212 S.W.3d 893 (2007)

TEXAS SOUTHERN UNIVERSITY, Appellant, v. STATE STREET BANK AND TRUST COMPANY, CMS Viron Corporation, and CMS Energy Resource Management Company, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

January 11, 2007.

Attorney(s) appearing for the Case

Bill Davis, Office of the Attorney General, Austin, TX, for Appellant.

Felicia Harris Kyle, Kyle & Kyle, LLP, Pearland, TX, Ronald D. Cohen, Joe W. Redden, Jr., Russell S. Post, Erin H. Huber, Beck, Redden & Secrest, L.L.P., Houston, TX, John D. Hanify, Boston, MA, for Appellees.

Panel consists of Justices NUCHIA, KEYES, and HANKS.

OPINION ON REHEARING

GEORGE C. HANKS, JR., Justice.

Texas Southern University, appellant, and State Street Bank and Trust Company, appellee, both filed motions for rehearing. Having considered the motions and responses, the Court finds the motions to be without merit. The Court, however, withdraws its Opinion and judgment issued June 8, 2006 and issues the following in its stead.

CMS Viron Corporation and CMS Energy Resource Management Company (collectively...

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