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MAGUIRE OIL CO. v. CITY OF HOUSTON

No. 14-05-01272-CV.

243 S.W.3d 714 (2007)

MAGUIRE OIL COMPANY, Maguire Energy Company, Cary M. Maguire, Cary M. Maguire as Manager for the Oil Fund U/I/D 9/1/76, Cary M. Maguire as Trustee for UTD 1/1/83 FBO Cary M. Maguire, Jr., Cary M. Maguire as Trustee UTD 1/1/83 FBO Melinda Ambler Maguire, Cary M. Maguire as Trustee UTD 5/1/84 FBO Ann Blaine Maguire, Don R. Holloway as Custodian of the Matthew Holloway Tugtma, Don R. Holloway as Custodian of the Sarah L. Holloway Tugtma, Don R. Holloway as Custodian of the Barbara Ann Holloway Tugtma, Don R. Holloway as Custodian of the Tillman R. Holloway Tugtma, William N. Collins, Jr. as Custodian of the L. Paige Collins Tugtma, William N. Collins, Jr. as Custodian of the Hattie S. Collins Tugtma, William N. Collins as Custodian of the Chandler Collins Tugtma, Appellants, v. The CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled January 10, 2008.

Attorney(s) appearing for the Case

Donald E. Hermann, Todd William Spake, John Thomas Wilson IV, Fort Worth, James Claiborne Crawford, James M. Lemond, Houston, for appellants.

David Parks Giffith, Frederick. D. Junkin, J. Mark Breeding, Paul Stephen Radich, Houston, for appellee.

Panel consists of Chief Justice HEDGES and Justices SEYMORE and GUZMAN.

SUBSTITUTE OPINION ON REHEARING

CHARLES SEYMORE, Justice.

Appellee's Motion for Rehearing is overruled. We withdraw our opinion issued on July 24, 2007, and we issue this Substitute Opinion.

In this appeal from the grant of a plea to the jurisdiction, Maguire Oil Company, et al. ("Maguire") seeks reversal of a judgment dismissing Maguire's suit against The City of Houston ("the City"). In two issues, Maguire contends: (1) the trial court erred in...

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