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SOUTHERN ELEC. SERVICES v. CITY OF HOUSTON

No. 01-10-00649-CV.

355 S.W.3d 319 (2011)

SOUTHERN ELECTRICAL SERVICES, INC. as Assignee of the Morganti Group, Inc., Appellant, v. The CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 18, 2011.

Attorney(s) appearing for the Case

Anthony T. Gotz , Diane M. Guariglia , Marc A. Young , Cokinos, Bosien & Young, Houston, TX, for Appellant.

Malinda York Crouch , Sr. Assistant City Attorney, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and BLAND.

OPINION ON MOTION FOR REHEARING

JANE BLAND, Justice.

In this government contract dispute, Southern Electrical Services, as assignee of the Morganti Group, Inc., (SES) sued the City of Houston for breach of contract and violation of the Prompt Payment Act. The trial court granted summary judgment in favor of the City. SES appeals, contending that the trial court erred in granting the City's summary judgment motion because: (1) a genuine issue of material...

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