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BOYER, INC. v. TRINITY RIVER AUTHORITY OF TEXAS

No. 2-07-052-CV.

279 S.W.3d 354 (2008)

BOYER, INC., Appellant, v. TRINITY RIVER AUTHORITY OF TEXAS, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled March 26, 2009.

Attorney(s) appearing for the Case

Elizabeth S. Kerr, Friedman, Suder & Cooke, Fort Worth, Allison J. Snyder, J. Brad Whitus and Adam D. Pogach, Porter & Hedges, L.L.P., Houston, for appellant.

Mary Colchin Johndroe and Katherine L. Lackey, Cantey Hanger LLP, Fort Worth, for appellee.

PANEL B: LIVINGSTON, DAUPHINOT, and WALKER, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.

Appellant Boyer, Inc. seeks a reversal of the trial court's summary judgment for Appellee Trinity River Authority of Texas ("TRA") dismissing Boyer's claim for lack of jurisdiction. Boyer argues on appeal that the trial court erred by not finding a waiver of immunity under the Texas Local Government Code because Boyer properly pleaded and provided sufficient summary judgment evidence to support the existence of a contract...

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