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M.T.D. v. CITY OF MIDLAND

No. 11-09-00004-CV.

315 S.W.3d 606 (2010)

M.T.D. ENVIRONMENTAL, L.L.P., Appellant, v. CITY OF MIDLAND, Appellee.

Court of Appeals of Texas, Eastland.

Opinion Denying Rehearing June 24, 2010.

Attorney(s) appearing for the Case

Jerry D. Caddel, Todd, Barron, Thomason & Hudman, P.C., Odessa, for appellant.

Brian Matthew Catalano, Cotton, Bledsoe, Tighe & Dawson, Keith Stretcher, City Atty., Don Ray Fletcher, Asst. City of Midland, Midland, for appellee.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

M.T.D. Environmental, L.L.P. (MTD) filed this suit against the City of Midland (the City) under the Payment for Goods and Services Act (the Prompt Payment Act). TEX. GOV'T CODE ANN. §§ 2251.001-.055 (Vernon 2008). MTD sought payment of an unpaid invoice, alleging that it had completed performance under its contract with the City. The City sought summary judgment on the ground that a release provision in the contract...

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