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STATE TEXAS DEPARTMENT OF TRANSPORTATION v. PRECISION SOLAR CONTROLS, INC.

No. 06-0348.

220 S.W.3d 494 (2007)

The STATE of Texas, by and through the TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. PRECISION SOLAR CONTROLS, INC., Respondent.

Supreme Court of Texas.

April 5, 2007.

Attorney(s) appearing for the Case

Don Wayne Cruse Jr., Asst. Solicitor Gen., Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Office of Attorney General, Austin, Christopher M. Swanson, Barron & Adler, Houston, Kent C. Sullivan, First Asst. Atty. Gen., and David S. Morales, Office of Attorney General of Texas, Austin, for Petitioner.

Barry K. Bishop, Clark Thomas & Winters, LLP, Austin, for Respondent.

Michael Leonard Ray Burnett, Shaunessy & Burnett, P.C., Austin, for Other.

PER CURIAM.

The State sued Precision Solar Controls, Inc. for breach of contract, breach of warranty, and quantum meruit, alleging that traffic signal displays made by Precision were defective. Precision denied the State's allegations and counterclaimed for damages for business disparagement. The trial court denied the State's plea to the jurisdiction based on sovereign immunity, and, on the State's interlocutory appeal, the court of appeals affirmed.

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