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YORK v. STATE

No. 2-08-118-CV.

298 S.W.3d 735 (2009)

Larry YORK d/b/a York Tank Trucks, Appellant, v. STATE of Texas and Wise County, Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

September 24, 2009.

Attorney(s) appearing for the Case

Samuel C. Bishop, Bishop & Bishop, Decatur, TX, for Appellant.

Thomas M. Michel, Griffith, Jay & Michel, LLP, Fort Worth, TX, for Appellee Wise County.

Greg Abbott, Attorney General of Texas, David A. Talbot, Jr., Attorney General of Texas, Chief, Law Enforcement Defense Division, Kent C. Sullivan, First Assistant Attorney General, Harold J. Liller, Assistant Attorney General, David S. Morales, Deputy Attorney General for Litigation, Austin, TX, for Appellee State of Texas.

Panel: CAYCE, C.J.; LIVINGSTON and WALKER, JJ.

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

After considering the motions for rehearing filed by appellant and both appellees, we deny all four motions, but we withdraw our prior opinion and judgment of June 11, 2009 and substitute the following to make nonsubstantive clarifications.

Appellant Larry York d/b/a York Tank Trucks (York) appeals from the trial court's order dismissing York's suit against appellees State of Texas and Wise County...

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